Current Situation

The Shah Bano Begum case upheld a muslim

woman's unrestricted right to maintenance under
provisions of the CrPC on par with women
belonging to other religions.
However, orthodox sections among muslims saw
this as an interference with their religious affairs
and forced the government to pass the Muslim
Women Act, which limited the payment of
maintenance to a period of 3 months after divorce.
While the achievements of the Shah Bano Case
were diluted, it continues to remain as an effective
movement in the present situation.

 The judgment definitely mainstreamed the

discourse on the pitiful condition of Indian women.
Maintenance is the tip of the iceberg for there
remain many other provision in the statute books,
which discriminate against women.
While, the judgement was concerned with the
rights of muslim women in particular, it strengthen
current women's movements of all hues fighting for
justice and equality.
It also triggered introspection in many other
personal laws, which earlier had provisions that
descriminated women.

 The subsequent ruling of the SC in Daniel Latifi which harmoniously

constructed muslim women's right to maintenance under CrPC and Sharia,
drew strength from the observations of the Court in Shah Bano.
Most importantly, the said case highlighted the need for the enactment of
the Uniform Civil Code, as propounded under A. 44 of the Constitution,
which is important for the current situation regarding India.
On the flipside, the Shah Bano judgment gave impetus to the forces of
communalism in India. While the ruling is opposed by the certain sections
among Muslims, the subsequent law is seen as a means of appeasement
by section among the Hindus.
As a consequence, the debate over UCC has become divisive and
communally charged.
While, the UCC is important to effectively uphold the idea of secularism in
the truest sense of the word, it cannot become a means of the majority
forcing its will upon the minority. It is therefore, proposed that a consensus
building approach be adopted so as to enable the taking into account of
the diverse views on this emotionally charged issue.