All you need to know about the controversial legal battle that inspired Haq

Emraan Hashmi and Yami Gautam’s film Haq is scheduled to release in theaters on November 7. The film is based on the Shah Bano case. This is why the film has been generating buzz even before its release. 

The Shah Bano case has once again come into the spotlight since the release of the film’s trailer. Let’s deep dive into the legal battle and judgment that became a landmark moment for women’s rights in India.

The case began in 1978

The Shah Bano case is a significant case in Indian history, which lasted for nearly seven years, began in 1978 when Shah Bano, a 62-year-old woman, approached the court against her divorced husband for her rights and maintenance. She filed a petition in an Indore court seeking maintenance from her divorced husband, Mohammad Ahmed Khan, who was a renowned and prominent lawyer at the time.

What did Ahmed Khan do?

Shah Bano married Mohammad Ahmed Khan in 1932. They had five children from this marriage: three sons and two daughters. Nearly 14 years after his marriage to Shah Bano, Mohammad Ahmed Khan remarried a younger girl, which was approved under Islamic personal law. After this, the two wives lived together under one roof for a while. 

However, in 1978, Mohammad Ahmed Khan divorced Shah Bano and threw her out of the house. During this period, Ahmed Khan promised to send Shah Bano money for the three-month (90-day) period of Iddat (waiting for 10 days).

Shah Bano’s fight for her rights

When Mohammad Ahmed Khan stopped sending money after three months, Shah Bano approached the Indore court seeking maintenance for herself and her children. She filed a petition seeking maintenance from her divorced husband. She sought maintenance for herself and her five children under Section 125 of the Code of Criminal Procedure, 1973, which grants women who are unable to support themselves the right to seek maintenance after divorce or separation from their husbands.

Mohammad Ahmed Khan cited Muslim Personal Law

In response to Shah Bano’s petition and demand, Mohammad Ahmed Khan, citing Muslim Personal Law, dismissed her petition as invalid. He stated that according to Muslim Personal Law, he had already paid Shah Bano for the period of her iddat (waiting period). Upon completion of this period, his obligation to pay her ceases. 

The All India Muslim Personal Law Board also supported Mohammad Ahmed Khan’s argument, stating that courts cannot interfere in matters related to Muslim personal law. Doing so would violate the Muslim Personal Law (Shariat) Application Act, 1937. A protracted legal battle ensued between Shah Bano and Mohammad Ahmed Khan, which lasted for 7 years.

After a seven-year battle, the Supreme Court ruled in Shah Bano’s favor

After a protracted legal battle lasting nearly seven years, the case reached the Supreme Court in 1985. After hearing all the arguments, a five-judge bench ruled in favor of 73-year-old Shah Bano. The Supreme Court ruled that under Section 125 of the CrPC, any woman in India, regardless of caste or religion, can demand and is entitled to receive maintenance from her husband if she is unable to support herself. This is the moral imperative of the law and morality cannot be conflated with religion.

Expert believe that the Shah Bano’s case is one of the most important judgments of Indian History and highlighted women’s rights in the country.

Haq will release on November 7

Emraan Hashmi and Yami Gautam starrer Haq is directed by Suparn Verma. The film, which is releasing on November 7, is inspired by the Shah Bano case. However, even before its release, the film became embroiled in controversy when Shah Bano’s family accused the makers of distorting facts and claimed they failed to obtain their consent for the film.

Also Read: Haq Movie Review: Emraan Hashmi, Yami Gautam shine in compelling drama of faith and rights