Rajiv Gandhi became Prime Minister in 1984, right after his mother Indira Gandhi’s assassination. His government soon faced one of independent India’s most contested legal and religious controversies: the Shah Bano case.
Must Know
Who Was Shah Bano
- StoryRajiv Gandhi became Prime Minister in 1984, right after Indira Gandhi’s assassination. He led Congress to one of independent India’s largest election wins soon after.
- StoryShah Bano Begum was a 62-year-old Muslim woman from Indore. Her husband, the lawyer Mohd. Ahmed Khan, divorced her after decades of marriage and stopped paying her maintenance.
- HowShah Bano sought maintenance under Section 125 of the Code of Criminal Procedure (CrPC), a secular law that applies to every citizen, regardless of religion.
- InsteadHer husband argued that Muslim personal law should apply instead. He claimed his duty ended with the three-month iddat period that follows a Muslim divorce.
The Supreme Court’s Ruling
- StoryThe Supreme Court decided Mohd. Ahmed Khan v. Shah Bano Begum on 23 April 1985. A five-judge bench, led by Chief Justice Y.V. Chandrachud, heard the case.
- ResultThe Court ruled that Section 125 CrPC applies to Muslim women too, and does not conflict with Muslim personal law. It confirmed her right to maintenance beyond the iddat period, since she could not support herself.
Good to Know
Parliament Legislates Around the Ruling
- StoryThe ruling sparked strong opposition from some conservative Muslim organisations. They argued it was unwelcome interference in Muslim personal law by a secular court.
- WhyRajiv Gandhi’s government held a huge parliamentary majority at the time. Facing pressure from religious conservatives, it moved to legislate around the judgment.
- HowParliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986. It required a husband to give “reasonable and fair provision” to his divorced wife, but only within the iddat period.
- ResultAfter the iddat period, the Act shifted responsibility for a woman’s maintenance to her relatives, or to the State Wakf Board. This narrowed Section 125 CrPC’s reach for Muslim women specifically.
A Sharply Criticised Law
- InsteadMany commentators, including women’s rights groups, criticised the Act sharply. They saw it as the government prioritising conservative religious sentiment over gender equality, ahead of a general election.
- InsteadOthers defended the Act as respecting religious community autonomy over personal law — the same tension that still runs through India’s Uniform Civil Code debate today.
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