Question

Which of the following statement(s) are true about the Shah Bano Case?

• A. Shah Bano had filed a petition in the Supreme Court asking maintenance from her divorced husband.
• B. Her husband contested this claim on the grounds that the Supreme Court cannot interfere in matters of Muslim Personal Law.
• C. The Supreme Court overturned the decision of the High Court and ruled in favour of Shah Bano and also increased the maintenance sum.
• D. This case is considered to be a legal milestone in the battle for protection of rights of Muslim women.

Answer 1

Answer: (A), (B), (D)

This case is considered to be a legal milestone in the battle for protection of rights of Muslim women.

The Shah Bano maintenance case of 1973 is seen as a milestone in Muslim Women's fight for equal rights in India. Prior to this case, the Shariat (Muslim Personal Law) governed all aspects relating to marriage, divorce, inheritance, and other family affairs. However, in this case, the SC intervened and interpreted the Shariat and ruled in favour of Shah Bano, upholding the High Court's verdict. The SC reinforced the notion of gender equality in matters of religious principles. The aftermath of the decision had far reaching consequences. It resulted in the filing of hundreds of applications for maintenance by divorced Muslim women, further questioning the role of families and communities as protective institutions.