Question

Shah bano case and the ensuing legislation

Answer 1

Answer:

Explanation:

This is controversial case of alimony and maintenance in Muslim. This case in fact highlights how people use religion as a tool for their own personal vendetta. Supreme Court had passed a masterpiece judgment, giving right to a Muslim woman of maintenance on monthly basis, but then it was over turned by a legislation passed by the parliament with full majority- Muslim Women (Protection of Rights on Divorce) Act, 1986. This act was passed to over turn the ruling of Shah Bano.

The events that took place actually shakes the faith in how people have manipulated Islam, the need for Uniform Civil Code, and how congress uses Religion as a tool to get votes.

A little backdrop, unlike other religions, Muslim Woman are not as educated and self dependent like the rest of the Woman. Education is denied to them and they are not allowed to work either, hence post divorce the need for maintenance only becomes greater in them.

In India we have different personal laws governing each community like Muslim Laws are governed by their own Personal laws, Hindu Laws are governed by the Hindu Marriage Act, Hindu Succession Act. The personal laws govern Marriage, Succession, Adoption, Divorce. etc.

These personal laws are not penalizing in nature. For example, Adultery becomes a ground of divorce and Judicial Separation. But if you want your husband to be punished for adultery, you have to resort IPC ( Indian Penal Codes). Personal Laws are also called Family laws.

Hope it helps you dear!!!