The Shah Bano Mandate: The Need for Revival

By Trideep Raj Bhandari

Published In

Cr LJ 2006

Introduction Long back in 1985 came the landmark judgment of the Supreme Court in the case of Mohd. Ahmed Khan v. Shah Bano Begum,1 which gave way to controversies in the Muslim world. To do away with the mandate of the Supreme Court, which was supposedly incorrect in law, the Parliament of India in the year 1986 came up with a legislation which sought to expressly overrule the said judgment, it came to be known as the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter the 1986 Act). The Statement of Objects and Reasons of the Act was very clear on the count that not only was the disagreement which supposedly crept in due to the Shah Bano decision was to be sorted out, but also proper protection was to be ensured to divorced Muslim women of the nation. After almost twenty years of the Act having been passed and with its interpretation and constitutionality well determined under judgments of the Supreme C ....

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