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Topic: Shah Bano case


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In the News (Mon 9 Nov 09)

  
  The Hindu : The Shah Bano legacy
THE SHAH Bano case was a milestone in the Muslim women's search for justice and the beginning of the political battle over personal law.
Shah Bano was entitled to maintenance from her ex-husband under Section 125 of the Criminal Procedure Code (with an upper limit of Rs.
While the 1986 Act appears to have worked better than it was expected to, what remains a concern to many is the inherent discrimination in excluding divorced Muslim women from a provision of law outside the realm of personal law, which is applicable to all other women.
www.hinduonnet.com /2003/08/10/stories/2003081000221500.htm   (407 words)

  
 Publications   (Site not responding. Last check: 2007-10-15)
This case, as is well known within India, raised the entire question of the relationship between on the one hand secular law, as formulated and implemented by institutions of state, and on the other the rights of minorities as well as rights of women.
The pre?history of the case does not concern us; what is important is that the husband was in the Supreme Court by special leave, and the court had to give its ruling on the question of whether the provisions of section 125 of the Code of Criminal Procedures were applicable to Muslims.
As in Shah Bano, it was the semiotic excess of the judgement as well as the manner in which orthodox reactions were characterized by 'progressive' opinion that converted the issue of women's rights into secularism versus communalism.
www.icescolombo.org /events/Gen1997.htm   (9233 words)

  
 MSN Encarta - Romania
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 Law and Our Rights
The Mathura rape case of 1979, the Shah Bano case on divorce under the Muslim personal law in 1985 or the Bhanwari rape case in 1994 are landmarks that in many ways determined the course and content of the contemporary feminist movement in India.
The Shah Bano case not merely exposed the importance of the state in bringing about societal reforms in the face of fundamentalist opposition, it also brought out the multifarious ways in which such situations can be usurped by divisive forces to press for various sectarian goals.
In the Bhanwari Devil case an enlightened 'Satin' under the women's Development Programme of the Rajasthan government was subjected to mass rape for opposing the practice of child marriage in the community.
www.thedailystar.net /law/2007/02/04/index.htm   (1461 words)

  
 Institute of Islamic Studies and Centre for Study of Society and Secularism
Shah Bano, an elderly woman from Indore in Madhya Pradesh was divorced at the age of seventy by her husband who was an advocate.
The Shah Bano movement has to be seen in the backdrop of eighties when Muslims, like the Christians today, were facing major threat to their security.
The Shah Bano movement was basically a political movement in response to the prevailing political situation in the country.
ecumene.org /IIS/csss39.htm   (1555 words)

  
 Shah Bano - Muslim Women (Protection of Rights on Divorce) Bill
The Shah Bano decision, in which the Supreme Court overruled a Muslim personal law, granted a Muslim women alimony but threatened the limited legal autonomy granted to the Muslim minority in India.
As you reread the case, you are then encouraged to explore these supplements to enhance your understanding of the case and to help you with your essays or other assignments and activities.
The case may also be printed in a single file.
oz.uc.edu /thro/shahbano/index.htm   (291 words)

  
 Terror Suspect   (Site not responding. Last check: 2007-10-15)
As regards the ratio of the Shah Bano case, it was indeed unassailable.
It was emphatically held in that case that the new Act, far from upturning the Shah Bano ruling, had in fact given effect to the same.
In their opinion the audacity of the Muslims in respect of the Shah Bano case was and will remain in perpetuity a crime against the nation horrendous enough to justify destruction of their mosques, mass-killings and even a blanket exclusion from the State's rajdharma of protecting the lives and properties of its citizens.
o3.indiatimes.com /terrorsuspect   (3864 words)

  
 Minority Rights or Human Rights?
Shah Bano, daughter of a head constable, was married at the age of 16 to her cousin, Mohammed Khan.
In 1978, Shah Bano sought relief in a local court under the Prevention of Vagrancy and Destitution Law and asked for the maximum monthly allowance of Rs 500.
The case was still outstanding when Khan divorced Shah Bano, after depositing with the court Rs 3,000 that he owed her as her mehr.
www.geocities.com /Athens/Oracle/3499/act17.htm   (2145 words)

  
 FSE Project | Muslim Sexual Ethics   (Site not responding. Last check: 2007-10-15)
These works all approach, from various angles, the controversial case of Shah Bano, an Indian Muslim woman divorced by her husband after many years of marriage.
The controversy in this case centered on whether she was limited, as generally agreed by Muslim law, to three months of support by her husband after he divorced her or whether she was entitled, as she asserted, to claim the significantly more liberal support envisioned for divorced women by Indian civil law.
Shah Bano Judgement in Islamic Perspective, a Socio-Legal Study.
www.brandeis.edu /projects/fse/muslim/mus-bibliography/mus-bib-shahbano.html   (312 words)

  
 The Tribune, Chandigarh, India - Editorial
The apex court had rightly given primacy to the secular laws of the State over Muslim personal laws for granting relief to Shah Bano, a 75-year-old divorcee, who claimed maintenance from her former husband even beyond the period of "iddat", during which Muslim women are not allowed to remarry.
Shah Bano too had demanded maintenance beyond the period of "iddat" because at 75 she was unlikely to marry again.
There have been many cases where the officials charged money either to certify that a person was above the prescribed age or to corroborate that his or her income was below the laid down limit.
www.tribuneindia.com /2000/20000621/edit.htm   (7486 words)

  
 The Hindu : A humane reading
But consequent upon the Shah Bano case, the Muslim Women's Act provided for maintenance for divorced women in that community only for the three-month period of iddat commencing with the date of the pronouncement of divorce.
It is significant to note that in the Shah Bano case, as well as in several previous and subsequent instances, the Judiciary has upheld the right to maintenance of divorced Muslim women.
If, however, the Shah Bano case was made out to be, as it were, a bolt from the blue, it was on account of the increasing communalisation of the polity that took its toll on the national arena right through the 1980s.
www.hinduonnet.com /2001/10/06/stories/05062512.htm   (542 words)

  
 LTTE TARGETS ISI STATION CHIEF IN COLOMBO : In defence of Indian Secularism - Part I, Parthiban Siva blogs on sulekha, ...
The Nagastra (serpent missile) often used by the Hindutva family is the minority appeasement of Rajiv Gandhi’s government in the controversial “Shah Bano case”.
Shah Bano, a Muslim woman from Madhya Pradesh, approached the court asking for the maintenance from her divorced husband.
The Shah Bano case eventually wrote the prologue for the Congress Party’s decline in the late 80s and 90s.
parthibansiva.sulekha.com /blog/post/2005/11/in-defence-of-indian-secularism-part-i.htm   (3153 words)

  
 Global Frontlines: India
The intensive investigation of rape cases, including police rape cases, the reports made to women's network, and the publicity obtained in the mass media strengthened the success of various cases in the legal system.
Legal cases are difficult to follow up, and for a group of poor women, the majority of whom are illiterate, legal cases are a disempowering experience.
Mothers-in-law are a case in point and are often part of the vicious cycle of domestic violence.
endabuse.org /programs/display.php3?DocID=102   (4791 words)

  
 Chapter 3: Appeasement of Minorities | Indian National Social Action Forum Manual
In the case of women, 11 per cent Muslim women were literate compared to the national average of 39.42 per cent.
In the case of AMU and BHU, the central statutes governing both are identical in prohibiting discrimination in admissions and appointments on religious grounds.
Fact: The Supreme Court's verdict on the Shah Bano judgment was compromised by the Rajiv Government to appease the patriarchal Muslim hierarchy at the cost of millions of oppressed Muslim masses.
sacw.insaf.net /i_aii/ch3.html   (1609 words)

  
 Evolution of Public Sphere in India by Amir Ali
In the case of Hindu revivalist nationalism, resistance was to be manifested in the hostility to the Age of Consent Bill of 1891.
Thus, the furore that erupted over the Shah Bano ruling by the Supreme Court was a direct outcome of the Deoband Schoolís creation of an autonomous private sphere in the latter half of the 19th century.
In fact the Shah Bano controversy was to actually impart an unparalleled momentum to the emerging politics of Hindutva as the former was effectively used by the latter to reinforce the idea that the Indian state was appeasing Muslims.
sacw.insaf.net /i_aii/Pub_SphereAMIRALIJun01.html   (6485 words)

  
 The Case of India
Shah Bano was a deserted first wife in her sixties, divorced two years later by triple talaq from her husband after 40 years of marriage.
Although the Court vindicated Shah Bano’s right, she was effectively forced to back down by her own community, which seemed to exert an extraordinary influence upon her to give up her claim.
These cases are highly illuminative, and a closer overview of the religious, legal and critical literature of legal experts, feminists and other commentators, including the pronouncements of the judges of the Apex bench, has shown that certain basic dilemmas and contradictions are not likely to be swiftly resolved.
www.law.emory.edu /IFL/cases/India.htm   (11882 words)

  
 Women and law, the constitution and you, consumer rights, labour laws, labor laws in India, provisions for women in ...   (Site not responding. Last check: 2007-10-15)
Under this Act, in a case of intestate (without a will) property the daughter was entitled to only a fourth of the son's share of the estate or Rs.
The Supreme Court had made no attempt to interfere with Muslim Personal Law.All it did was to hold that Shah Bano had not been paid "the whole of the sum which under customary or personal law was payable on divorce".
That may well be the case, except that it is doubtful whether any woman would simply stand by, pride intact, and watch her children starve too.
www.womenexcel.com /law/womenlaw2.htm   (3467 words)

  
 Religious Liberty as a Paradigm for the Development of Human Rights
Case studies of France (largely during the sixteenth century) and England (largely during the seventeenth century) will be proposed, before an examination of the thought of both Locke and Paine is undertaken.
The case of Scientology should therefore be relatively clear: if there is evidence to support the contention that the activities of the church are more accurately characterised as primarily of a criminal as opposed to religious nature, then it cannot be considered to be a religion.
Shah Bano, an Islamic woman from India, was married in accordance with Islamic law before her lawyer-husband "drove [her] out of the matrimonial home".
www.international-relations.com /rp/rp5weba.html   (13641 words)

  
 India
Shah Bano Begum (AIR 1985 SC 945), the Supreme Court ruled that there was no conflict between classical Hanafi law, which only specifies the obligation to maintain a wife during her ‘
Section 5 of the Act also allows for a divorced Muslim woman and her former husband to declare to the Court their willingness to be governed by the provisions of sections 125 to 128 of the Code of Criminal Procedure relating to the maintenance of dependants unable to support themselves.
In custody cases involving Muslims, courts tend to follow the general rule that the divorced mother is entitled to custody till 7 years for boys (classical Hanafi position) and puberty for girls.
www.law.emory.edu /IFL/legal/india.htm   (2852 words)

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