Uniform Civil Code: Because the Lok Sabha elections method, the problem of Uniform Civil Code (UCC) has grow to be sizzling once more. After advocating for it from an open discussion board on behalf of Prime Minister Narendra Modi, solely Uniform Civil Code is mentioned in all places. Opposition events have additionally began elevating questions on it. Though this problem isn’t new, there was a debate on Uniform Civil Code for a lot of a long time and the Supreme Court docket has additionally talked about it in some instances. Out of which the primary and largest case is of Shah Bano. In which, bypassing the Muslim Personal Law, the Excessive Court docket after which the Supreme Court docket gave its verdict.
Debate began with triple talaq
In truth, a number of years in the past, taking a giant determination, the Modi authorities abolished triple talaq. PM Modi had stated that on account of this, the work of giving the most important aid to Muslim ladies has been finished. It was linked to the Uniform Civil Code, it was stated that step one in direction of UCC has been taken by the federal government. Shah Bano’s case was additionally associated to this triple talaq, in the course of the listening to of which later point out of Uniform Civil Code was heard.
Triple Talaq given to Shah Bano
Shah Bano was married at a younger age within the yr 1932, she was married to Mohammad Ahmed Khan, a lawyer from Indore. Every little thing went nicely for a number of years and each of them had 5 kids, however after about 14 years of marriage, Ahmed Khan received married for the second time. Then below the settlement, Shah Bano additionally began residing with him, however when a tussle began between the 2, in 1978, Ahmed Khan divorced Shah Bano by uttering triple talaq (triple talaq) and evicted her from the home. Then Khan promised Shah Bano that he would give her 200 rupees each month as alimony, however after a number of months he refused.
That is how the Shah Bano case began
After not getting the residing allowance, 62 yr previous Shah Bano determined to method the courtroom and from right here the well-known case of Shah Bano began. The matter reached a courtroom in Indore and Shah Bano demanded Rs 500 a month for alimony, Ahmed Khan, a lawyer by occupation, cited Muslim Personal Law within the courtroom and stated that he was not certain to pay alimony. The courtroom rejected this argument, however gave a call to provide alimony of solely Rs. 20 per 30 days to Shah Bano. Which was a really small quantity for Shah Bano and her kids.
After this the matter reached the Excessive Court docket, Shah Bano challenged this determination within the Excessive Court docket. After a number of months of listening to, the Excessive Court docket additionally gave its verdict in 1980 and elevated the quantity of alimony from Rs 20 to Rs 179 per 30 days. Shah Bano’s husband Ahmed Khan was not pleased with this determination, so he filed a petition within the Supreme Court docket.
After 4 years of listening to, the Supreme Court docket gave its verdict
In the Supreme Court docket in 1981, this matter was positioned earlier than a two-judge bench, however contemplating the complexity of the matter, the matter was handed over to a five-judge structure bench. The case went on for about 4 years within the Supreme Court docket. Shah Bano’s husband argued right here additionally that below the Muslim Personal Law, he has remarried and it isn’t necessary for him to pay upkeep to the primary spouse. In 1985, the Supreme Court docket upheld the order of the Madhya Pradesh Excessive Court docket and dominated in favor of Shah Bano.
Point out of Uniform Civil Code
Throughout this, the Supreme Court docket whereas making vital remarks talked about the necessity for Uniform Civil Code. The Supreme Court docket stated that there’s a want for a uniform civil code within the nation, which the federal government ought to contemplate. The Supreme Court docket stated that Part 125 of the CrPC applies to individuals of each faith and caste, together with Muslims. From right here the controversy about Muslim Personal Law intensified and the Muslim Personal Law Board additionally jumped into the matter.
Rajiv Gandhi authorities overturned the choice
Shah Bano received a giant aid from the Supreme Court docket after combating a authorized battle for a few years, however politically, this matter had grow to be so huge that Rajiv Gandhi, who got here to energy shortly earlier than, took a giant and controversial determination. overturned the choice. The Rajiv Gandhi authorities introduced the Muslim Ladies (Safety of Rights and Divorce) Invoice 1986 and this made the Supreme Court docket’s determination null and void. After this, Shariat regulation was once more applied within the matter of marriage. There was loads of controversy about this determination of Rajiv Gandhi and it was described as hitting an ax on his personal ft. In this fashion, the choice of Shah Bano was recorded within the historical past of India.
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