Essential Components of an Effective HIPAA Safeguard Program
Shah banu begam case PPT.pdf
1. Mohd. Ahmed Khan Vs Shah Bano Begum
A Landmark in Indian Legal History
2. Overviewof the case
• Shah Bano Begum, a Muslim woman, was divorced by her husband, Mohd. Ahmed Khan,
in 1978 through the “triple talaq” method.
• Following the divorce, Shah Bano sought maintenance from her husband for herself and
her children under section 125 of the Indian Code of Criminal Procedure (CRPC).
• This section allows for maintenance to be provided to wives, children, and parents who
are unable to maintain themselves.
• Mohd. Ahmed Khan argued that the provisions of Section 125 of the CRPC did not apply
to Muslim women as they were already covered by the Muslim Personal Law.
• The case went through several levels of the Indian judicial system, ultimately reaching
the Supreme Court of India.
• The SC, in its landmark judgement in 1985, ruled in favor of Shah Bano Begum.
• The court held that Muslim women were entitled to maintenance under Section 125 of
the CRPC, and the personal law could not override this provision.
3. Importancein Indian Legal History
• The case became a significant milestone in the ongoing debate about personal laws and
gender justice in India.
• It highlighted the tension between religious laws and the legal rights of women, especially
in matters of divorce and maintenance.
• The judgment sparked a nationwide debate and discussions about the need for reforms in
personal laws to protect the rights and welfare of Muslim women.
• The Indian government subsequently passed the Muslim Women (Protection of Rights on
Divorce) Act in 1986, which limited the rights of Muslim women to seek maintenance under
Section 125 of the CRPC.
• This amendment was seen by some as a compromise between religious traditions and legal
rights, while others saw it as a setback for the rights of Muslim women.
4. Background of the case
• Shah Bano, a Muslim woman from Indore, sought maintenance from
her husband after he divorced her.
• The case raised questions about the conflict between personal religious
laws and constitutional rights.
5. Facts of the case
• Shah Bano’s husband pronounced “talaq” (divorce) thrice, following
Islamic law.
• Shah Bano filed a petition under Section 125 of the Code of Criminal
Procedure for maintenance.
6. Legal Proceedings
• District court ordered her husband to pay maintenance.
• Husband challenged the decision in the High Court and later in the
Supreme Court.
7. SupremeCourt Judgement
• Delivered by Justice Y.V. Chandrachud in 1985.
• Ruled in favor of Shah Bano, granting her maintenance.
• Upheld the right to maintenance under Section 125, irrespective of
personal religious laws.
8. PublicOutrage and Reactions
• Muslim leaders criticized the judgement, claiming interference in
religious matters.
• Debate between protection of fundamental rights and religious
freedom.
9. Political and LegislativeResponse
• Indian Parliament passed the Muslim Women (Protection of Rights on
Divorce) Act, 1986.
• The Act limited maintenance period and diluted the Supreme Court’s
decision.
10. Societal Impact
• Raised awareness about gender discrimination within religious
personal laws.
• Led to discussions on uniform civil code.
11. Personal Opinion
• The Shah Bano case highlighted the tension between individual rights
and religious practices.
• Upholding maintenance rights was a step towards gender equality and
justice.
• However, the subsequent legislative response weakened the impact of
the Supreme Court’s judgement.
12. • The Shah Bano case play a vital role in the discourse on gender rights,
religion, and the law in India.
• It emphasizes the ongoing need for a balanced approach between
individual rights and cultural practices in a diverse society.
