Yami Gautam takes on the significant role of Shah Bano Begum in the newly released Bollywood film ‘Haq’, chronicling the life of a woman whose fight for justice became a defining moment in Indian legal history. The movie delves into the 1978 case initiated by the 62-year-old mother of five from Indore, whose demand for maintenance transformed into a national cause célèbre, impacting legal frameworks and societal norms.
The film, which also features Emraan Hashmi, draws inspiration from the landmark 1985 Supreme Court ruling. Amidst its release, the film faces a legal challenge from Shah Bano’s daughter, who claims her mother’s story was used without proper consent, highlighting the ongoing sensitivity surrounding this historical event.
The core of Shah Bano’s legal battle began when her husband, Mohammed Ahmad Khan, divorced her through triple talaq, subsequently ceasing all financial support. Her plea for maintenance under Section 125 of the CrPC sought to establish a divorced woman’s right to financial security. Her husband’s defense relied on Muslim Personal Law, asserting his obligations were limited to the ‘iddat’ period and the ‘mehar’ payment.
Initial court orders saw Shah Bano awarded Rs 25 per month, later enhanced to Rs 179.20 by the Madhya Pradesh High Court, before the case escalated to the Supreme Court.
The Supreme Court’s 1985 judgment declared Section 125 as a secular law, applicable universally, and aimed at protecting divorced women from destitution. It affirmed that a divorced Muslim woman was entitled to maintenance beyond the ‘iddat’ period if she could not sustain herself, underscoring the importance of women’s dignity and touching upon the unfulfilled aspiration for a Uniform Civil Code.
This verdict ignited widespread protests and concerns within certain Muslim communities regarding religious autonomy. In response, the government passed the Muslim Women (Protection of Rights on Divorce) Act in 1986, which significantly curtailed maintenance rights to the ‘iddat’ period. This period also coincided with politically charged events, including the opening of the Babri Masjid gates, shaping the nation’s discourse on religion and identity.
The legal trajectory continued, with the Supreme Court in 2001 reinterpreting the 1986 Act. The court ruled that the maintenance provided during the ‘iddat’ period must be adequate for the woman’s lifetime unless she remarried, thereby safeguarding the principle of lifelong support and dignity.
Finally, in 2024, the Supreme Court settled the issue in Mohd. Abdul Samad vs The State of Telangana. The apex court clarified that the 1986 Act does not extinguish a woman’s right to seek maintenance under Section 125 of the CrPC. It established that both laws are complementary, allowing divorced Muslim women the flexibility to pursue legal recourse under either or both provisions.
Nearly four decades later, Shah Bano’s resilience and her quest for dignity continue to inspire. The film ‘Haq’ serves as a cinematic exploration of a struggle that remains profoundly relevant to discussions on women’s rights and the true meaning of justice in India.
