Shah Bano case: क्या था 40 साल पहले का वो शाह बानो मामला, जिस पर बनी है यामी-हाशमी की आने वाली फिल्म ‘हक’
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Shah Bano Case: Yami Gautam and Emraan Hashmi’s upcoming film ‘Haq’ is based on the Shah Bano case. The Supreme Court’s decision highlighted the rights of Muslim women.
In the film, Yami is playing the role of Shazia Bano, the fictional character of Gautam Shah Bano. Yami is Emraan Hashmi in the role of Gautam’s husband.The film takes a look at the Shah Bano case, which sparked a public debate four decades ago and is relevant in today’s context. The matter brought up questions such as the same access to justice and the ongoing tension between personal religious laws and comprehensive secular principles. The producers of the film highlight the comprehensive social questions raised from this matter. They ask, “Should the opportunity of justice not be the same for everyone? Where can we draw the line between personal faith and secular laws? And should there be uniform civil code (UCC)?”
In ‘Haq’, Yami Gautam Dhar is playing the role of a Muslim woman whose husband has left her and with whom injustice has been done. She decides to fight for the rights of herself and her children under Section 125. This story begins as a private story, but turns into a court drama highlighting the serious issues of law, religion and identity. The film also stars Sheeba Chadha, Danish Hussain and Asim Hattangdi. This courtroom drama also stars Emraan Hashmi, who is playing the role of opposing side and Dhar’s husband in the film.
In April 1978, 62 -year -old Muslim woman Shah Bano filed a petition in a court in Indore, Madhya Pradesh. In which she demanded maintenance from her divorced husband Mohammad Ahmed Khan. Mohammad Ahmed Khan was a famous lawyer. In 1932, the couple had five children, three sons and two daughters. After 14 years of marriage, Khan got married second. He stayed with both wives for some time. However, he later expelled Shah Bano and his children from the house and asked them to live in a separate house.
Shah Bano demanded maintenance from her divorced husband Mohammad Ahmed Khan.
Banu went to court for maintenance
When Mohammad Ahmed Khan promised him to give him Rs 200 per month, Shah Banu approached the court and demanded maintenance for himself and his five children under Section 123 of the Criminal Procedure Code, 1973. It provides that a man will have to take care of his wife during marriage and even after divorce, if he is unable to maintain himself financially. Mohammad Ahmed Khan opposed Shah Bano’s claim citing Muslim personal law in India. According to which the husband has to provide maintenance only for the time after divorce. Iddat is a period that usually lasts for three months. Which a woman has to keep before marrying her husband after death or divorce. If a woman is pregnant, then Iddat lasts till the birth of a child.
AIMLB supports Khan
The All India Muslim Personal Law Board, while supporting Mohammad Ahmed Khan’s plea, said that the courts cannot interfere in cases related to Muslim personal law. The board said that doing so would be a violation of the Muslim Personal Law (Sharia) Application Act, 1937. The board argued that the Act allows the courts to give a decision on the basis of Sharia in matters related to divorce, maintenance and other family issues. Talking to Hindustan Times in 2011, Shah Banu’s youngest son Jamil Ahmed Khan recalled the matter, saying, “There was a fight for respect. It was a fight against the defamation of our honor in the area and a family matter.”
In 1985, the Supreme Court upheld the decision of the lower courts. He directed Shahbano’s husband to give him maintenance amount under the alimony provision of Indian law. The then Chief Justice YV Chandrachud said in his judgment, “Section 125 was implemented to provide immediate and partial relief to the class of individuals that are unable to maintain themselves. Then what is the difference that the neglected wife, children or parents believe in which religion? There are criteria to determine. ” He further said, “Provisions that are essentially of immoral nature, break the boundaries of religion. Section 125 is based on the responsibility of maintaining the poor close relatives, the obligation of the person’s wandering and poverty to the society. This is a moral order of law and morality cannot be associated with religion.” This historical decision recognized the claim of equality and respect of Muslim women, especially in matters of marriage. This took a gender discriminatory stance on the need to improve Muslim personal law.
Promoting the Supreme Court’s decision in the Shah Bano case, major Muslim groups said that the decision is against Muslim personal law. Hindu rightists used this decision to demand the Uniform Civil Code. Shah Bano’s son Jamil told HT, “Former diplomat and prominent Muslim leader Syed Shahabuddin came to our house, as well as Ulema from Indore and other cities. Those who told us that the verdict is against Sharia.” He further said, “The pressure had increased so much that I felt that winning the case was not so good. It would have been better if we had lost.” Amid pressure from orthodox Muslims, the then Rajiv Gandhi government passed the Muslim Women (Protection on Divorce) Act, 1986, which was considered a move to overturn the Supreme Court’s decision. Section 3 (1) (A) of the Act mentioned the ‘proper provision and payment of maintenance’ for his divorced wife by a Muslim husband.
However, the law said that the period of maintenance would last for the period period. It also said that if a woman could not maintain herself, then the magistrate has the right to direct the Waqf Board to provide means of maintenance to the victim and her dependent children. Shah Bano’s lawyer Daniel Latifi challenged the constitutional validity of this law. The apex court maintained the validity of the new law and said that it does not deprive Muslim women of the right to get alimony. However, the court said that the obligation cannot be limited to the period of Iddat.
‘Haq’ has been directed by Suparna S. Verma and it has been produced by Junglee Pictures in collaboration with Insomnia Films and Baweja Studios. It is scheduled to release in theaters on November 7, 2025.
