Saturday, October 2, 2010

Shah Bano case and the Ayodhya connection ....

Who is Shah Bano?

The Shah Bano case was a controversial divorce lawsuit in India, in which Shah Bano, a 62 year old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978 and was subsequently denied alimony.

What was the case ?

Shah Bano, a 62 year old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978. The Muslim family law (marriage, gifts, inheritance, adoption and a few other civil laws are under the purview of personal laws in India - they are different for Christians, Muslims and Hindus) allows the husband to do this and also the wife: the husband just needs to say the word Talaq (meaning divorce) three times before two witnesses for a valid divorce.
Shah Bano, because she had no means to support herself and her children, approached the courts for securing maintenance from her husband. When the case reached the Supreme Court of India, seven years had elapsed. The Supreme Court invoked Section 125 of Code of Criminal Procedure, which applies to everyone regardless of caste, creed, or religion. It ruled that Shah Bano be given maintenance money, similar to alimony.

Why is it important?
 
The case created considerable debate and controversy about the extent of having different civil codes for different religions, especially for Muslims in India. This case caused the Rajiv Gandhi government, with its absolute majority, to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986 which diluted the secular judgment of the Supreme Court and, in reality, denied even utterly destitute Muslim divorcees the right to alimony from their former husbands
 
How is it related to Ayodhya verdict ?
 
The Passing of Muslim Women Protection Act allegedly sent a message of Muslim appeasement practised by the Congress party. To counter this charge Rajiv Gandhi began his election campaign in 1989 from Ram Janma Bhumi ( birth place of Lord Rama ) in Ayodhya. This led to revival of the Ram Janma Bhumi - Babari Masjid dispute which was lying in cold storage for about forty years which in turn led to bringing down of the Babari Masjid on 6 December 1992 and thereby causing bloody riots all over India in which thousands of people were killed and over dozen powerful bomb blasts in Mumbai ( Bombay ) on 12 March 1993 in which hundreds of people mainly Hindus were killed and/or maimed.

I have posted this article to prove a point that the Ayodhya issue was never a religious one , it has always been a political one.

Please post your opinion on the same in the comments section of this post.

5 comments:

  1. I also believe that it has always been a political issue. The verdict also depicts the same...

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  2. Politicians always relied on peoples sentiment for there campaigning..

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  3. My views are the same. I also have a strong feeling that the Ayodhya issue will not resolve with peace and harmony. It will surely cause some serious damages in future. Thanks for posting this swapnila ma'am.I was ignorant of the Shah Bano case and the Avodhya connection. You have made it clear now. Thanks.

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  4. really informative

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  5. never knew Ayodhya case was related to Shah Bano case!!

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