New Delhi: Yami Gautam and Emraan Hashmi starrer ‘Haq’ released in theaters on November 7. Suparn S. Directed by Varma, who is known for works like ‘Ek Khiladi Ek Haseena’, ‘Acid Factory’ and ‘The Family Man Season 2’, according to Sacknilak, it is a courtroom drama. Has earned a good amount of Rs 5 crore till now.
As the Yami Gautam starrer continues to make headlines, let’s revisit two historical historical cases that shook the entire nation and that inspired the story behind ‘Haq’.
Shayara Bano vs. Union of India (2017)
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Shayra Bano, a Muslim woman from Uttarakhand, India, is known for challenging the practice of instant triple talaq in the Supreme Court of India, according to a report by the Institute of Legal Information. Her 2016 petition became a turning point in India’s legal history, leading to the Supreme Court declaring the practice unconstitutional in 2017, a landmark decision that struck down triple talaq for violating the fundamental rights of Muslim women.
In the case Shayara Bano v. Union of India, the petitioner was divorced by her husband after 15 years of marriage through ‘talaq-e-biddat’, a practice by which a Muslim man could divorce his wife, without her consent, by saying “talaq” three times at a time. Shayra Bano filed a writ petition challenging this practice, calling it unconstitutional, arbitrary and discriminatory.
Supreme Court’s decision: In August 2017, a five-judge bench of the Supreme Court ruled by a majority of 3–2 that the practice of instant triple talaq was “manifestly arbitrary” and unconstitutional, thereby declaring it illegal. The decision was hailed as a major victory for gender equality and women empowerment in India.
Mo. Ahmed Khan vs Shah Bano Begum (1985)
lies on the other side shahbano caseWhich served as the primary inspiration for Yami Gautam’s ‘Haq’.
In 1978, Shah Bano’s husband, lawyer Mohammad Ahmed Khan, ended their 43-year-old marriage by saying:Divorce“Three times at a time. They sent her a small monthly allowance for a few months and then stopped it completely. With no means to survive, Shah Bano decided to fight legally.
She sought maintenance under Section 125 of the Code of Criminal Procedure (CrPC), a law under which a person is required to support his spouse or dependents if he has the means to do so. This law also applied to divorced women who did not remarry. However, her husband contested the claim, arguing that under Muslim personal law, his duty ended after the ‘Iddat’ period (about three months after the divorce). She claimed that by giving her ‘Mehr’ (the dowry promised at the time of marriage) and supporting her during that period, he had fulfilled all the obligations.
According to a report by Manupatra, a local court ordered him to pay Rs 25 per month, which was later increased to Rs 179.20 by the Madhya Pradesh High Court. Khan appealed against the High Court order to the Supreme Court of India.
On April 23, 1985, a five-judge Constitution bench led by the then Chief Justice YV Chandrachud dismissed Khan’s appeal and upheld the High Court’s decision.
Honorable Judge/Quorum: YV Chandrachud, CJ, DA Desai, ES Venkataramaiah, O Chinnappa Reddy, and Ranganath Mishra, JJ.
The Supreme Court held that payment made as per personal laws cannot relieve the husband from the obligation to pay fair and reasonable maintenance under Section 125 CrPC (1973). The Court ruled that the husband could be liable to pay maintenance even after the ‘Iddat’ period.
Shah Bano or Shayra Bano: Difference
Although both Shah Bano and Shayra Bano fought for justice against discriminatory practices, their legal battles focused on different issues. The Shah Bano case (1985) focused on the right of a divorced Muslim woman to maintenance beyond the ‘Iddat’ period under Section 125 of the CrPC. In contrast, the Shayra Bano case (2017) challenged the practice of instant triple talaq, questioning its validity under the Constitution of India.
Haq: A Story of Courage and Justice
Haq takes inspiration directly from the life and legal struggle of Shah Bano BegumWhose 1985 Supreme Court case became a watershed moment in Indian legal history. The judgment granting divorced Muslim women the right to maintenance under Section 125 of the CrPC triggered a nationwide discussion on gender equality, personal law and religious identity.
According to Haq’s official IMDb synopsis, “In 1980s India, Shazia Bano seeks justice when her husband stops paying child support after remarrying. Her attempt to silence him with triple talaq sparks a national debate on women’s rights and faith.”