On Wednesday, while presenting the Waqf Amendment Bill in the Lok Sabha, the BJP mentioned the matters of Shah Bano and Shaira Bano. Both these cases became famous as historical judicial decisions related to the rights of Muslim women, the BJP accused the Congress of doing vote bank politics citing these matters. Both matters affected Indian politics in a deep way and even today these issues remain in the discussion. & Nbsp;
Shah Bano case & nbsp;
In 1985, a woman named Shah Bano demanded maintenance (financial assistance) from her husband after divorce. Her husband used to say that she is responsible for giving maintenance only for a period of ‘Idt’ (three months), but Shah Bano said that she cannot support herself financially. In this case, the Supreme Court ruled that if a woman is not able to handle herself, then her husband will have to give him maintenance. The court also said that this decision is not violating Muslim personal law.
After this the Congress government brought a law in 1986, Muslim women (defense of rights after divorce) Act, which overturned this decision. It was said in this law that after divorce, the husband will have to provide maintenance only for the period of Iddat. The BJP saw it as vote bank politics and accused the Congress that it has taken this step to please the Muslim community.
Shaira Bano’s case & nbsp;
Shaira Bano’s case came to light in 2015, when her husband divorced her by giving them ‘triple divorce’ (divorce-e-biddat). In this practice, the husband can divorce by uttering the word ‘divorce’ thrice at once without the consent of his wife. Shaira called it unconstitutional and challenged in court. The Supreme Court termed triple talaq as unconstitutional in 2017, saying that it violates women’s rights and should be abolished immediately. After this, the Modi government passed a law in 2019, considering triple talaq as a crime, it was made a non-bailable offense.
BJP’s attack on Congress
BJP leader Ravi Shankar Prasad attacked the Congress by referring to both these matters in Parliament. He said that the Congress, while denying the Supreme Court’s decision in the Shah Bano case, ignored the rights of Muslim women and did vote bank politics. He also alleged that the Congress did not take any concrete steps in the Shaira Bano case and kept the issue hanging.
Prasad also said that the Congress tried to please a large section by bringing a law in the case of Shah Bano in 1985, but after this decision the Congress could never form a government with its absolute majority. He taunted that this step of the Congress was a political mistake, due to which the party suffered losses for a long time.
Waqf Bill and Congress Opposition
BJP also attacked the Congress on the Waqf Amendment Bill, which is related to the management of Waqf properties. Opposition parties say that the government is running a political agenda against the Muslim community by bringing this bill in a hurry. At the same time, the BJP says that this bill has been brought for better management of the properties of the Muslim community.
The case of Shah Bano and Shaira Bano not only affected judicial decisions, but also made deep impact in Indian politics. The BJP, citing these matters, has accused the Congress of doing vote bank politics, while the Congress tried to change these decisions according to its policy for its political gains. Referring to these matters in Parliament makes it clear that issues related to the rights of Muslim women still hold important places in politics.