The movie ‘Haq’, starring Yami Gautam, brings to the forefront the compelling story of Shah Bano Begum, a woman whose legal battle fundamentally altered the discourse on women’s rights and justice in India. The film centers on the life of this 62-year-old mother from Indore, whose personal fight for dignity in 1978 evolved into a landmark case that reverberated across the nation, reaching the Supreme Court and Parliament.
‘Haq’, which also features Emraan Hashmi, is inspired by the 1985 Supreme Court judgment concerning Shah Bano’s maintenance claim. Notably, the film’s release is accompanied by a lawsuit from Shah Bano’s daughter, alleging that her mother’s life story was dramatized without consent, underscoring the enduring emotional and legal implications of the case.
Shah Bano’s legal journey commenced after her husband, advocate Mohammed Ahmad Khan, divorced her via triple talaq and subsequently withdrew financial support. Her recourse was Section 125 of the CrPC, a provision intended to safeguard divorced women. The husband contested her claim, asserting that his obligations were fulfilled under Muslim Personal Law after the ‘iddat’ period and through ‘mehar’ payment.
The case progressed through the judicial system, with initial maintenance orders being increased by the High Court before the Supreme Court’s intervention.
On April 23, 1985, the Supreme Court delivered a judgment affirming that Section 125 of the CrPC was a secular law applicable to all Indian citizens, irrespective of religion. The court emphasized that the law’s objective was to prevent destitution and uphold the dignity of women, including divorced Muslim women, even beyond the ‘iddat’ period if they were unable to support themselves. The judgment also implicitly highlighted the need for a Uniform Civil Code.
The Supreme Court’s ruling faced strong opposition from segments of the Muslim community, leading to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This legislation effectively nullified the judgment by restricting maintenance payments to the ‘iddat’ period. The year 1986 was also a period of significant political and religious shifts in India, marked by events such as the opening of the Babri Masjid gates.
The legal debate continued, culminating in a 2001 Supreme Court ruling that provided a more expansive interpretation of the 1986 Act. This interpretation stipulated that maintenance paid during the ‘iddat’ period must be sufficient for the woman’s lifetime unless she remarried, thereby preserving the core principle of ensuring a woman’s financial security and dignity.
In a significant 2024 verdict in Mohd. Abdul Samad vs The State of Telangana, the Supreme Court definitively ruled that the 1986 Act does not negate a divorced Muslim woman’s right to seek maintenance under Section 125 of the CrPC. The court established that both laws coexist, granting women the choice to pursue legal avenues under either or both statutes.
Shah Bano’s enduring legacy, almost forty years after her plea, continues to resonate. The film ‘Haq’ offers a cinematic lens through which to view her fight for dignity, a struggle that remains central to ongoing national conversations about justice and equality for women in India.