AMITY LAW SCHOOL

AMITY UNIVERSITY
LUCKNOW

SESSION : 2017-2022
TOPIC – Case Comment on Shah Bano
Case

SUBJECT- FAMILY LAW – II (LAW214)

Submitted To : Submitted By:

Moh. Shahzad Ahmad
Assistant Professor. B.A., LL.B (Hons.)
Amity Law School Semester- , Section – ‘B’
Amity University Enrolment no. –A8111117042
Lucknow- U.P Amity Law School-LKO (U.P)
 ACKNOWLEDGEMENT
I would like to express my special thanks of
gratitude to our Head Of Department Prof. Dr.
J.P YADAV Sir and to my faculty
who gave me the golden
opportunity to do this wonderful project on the
topic “CASE COMMENT ON SHAH BANO CASE”
which also helped me in doing a lot of
Research and i came to know about so many
new things, I am really thankful to them.
Secondly i would also like to thank my friends
who helped me a lot in finalizing this project
within the limited time frame.
Table of Contents
Introduction ............................................................................................................................................ 1
Facts ........................................................................................................................................................ 2
Later Judgements .................................................................................................................................... 3
Analysis ................................................................................................................................................... 4
1) Point of view of Muslims ................................................................................................................ 4
2) Political insights .............................................................................................................................. 4
3) The Muslim Women (Protection of Rights on Divorce) Act, 1986.................................................. 6
4) What does the Quran have to say? ................................................................................................ 7
5) Section 125 of Criminal Procedure Code ........................................................................................ 8
6) Reaction of various stakeholders.................................................................................................... 9
Conclusion ............................................................................................................................................. 11
Bibliography .......................................................................................................................................... 13
INTRODUCTION

The aim of this project is to do a case comment on the landmark judgement of Mohd. Ahmed
Khan v. Shah Bano Begum1. This case had created a lot of controversy both in the public as
well as in the political arena. It questioned the governance of people on the basis of different
personal laws and highlighted the need to introduce the Uniform Civil Code which has been
mentioned as the Directive Principle of State Policy in Article 44. This case is usually used as
a benchmark by Indian Courts and a major breakthrough in the Indian Divorce Law. It also
highlighted how the Congress in order to please the Muslim orthodox enacted the Muslim
Women (Protection of Rights on Divorce) Act, 19862 in such a hurry and at the same time
bringing into limelight the Hindutva perspective of the BJP. It shows how a small religious
issue could be used to further political objectives. It had also led to the establishment of
various organisations for protection of women and personal laws. The Supreme Court had
successfully given a new interpretation to the Quran and thus allowing alimony to Shah Bano
but this was annulled by the Act of Parliament which provided the maintenance will only be
given to the divorcee for the Iddat period (The Iddat period is generally considered to be
three menstrual courses if she is subject to menstruation, three lunar months if she is not
subject to menstruation or if she is pregnant at the time of her divorce the period between her
divorce and the delivery of child or the termination of pregnancy, whichever is earlier.
Generally it is taken to be three months3). This is possibly the highest debated case in India
because it woke India’s conscience and the fact there is diversity in our country was revealed
in this case where people had different reactions from anger to happiness to grief to revolt. It
also raised the issue of women’s safety and dignity in marriage.

1
1985 AIR 945
2
Muslim Women (Protection of Rights on Divorce) Act, 1986
3
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 ACT NO. 25 OF 1986,
also available at http://indiacode.nic.in/fullact1.asp?tfnm=198625 (last accessed 24 th January,2016 2100 hours)

1
FACTS

Shah Bano married Mohammad Ahmad Khan, who was a lawyer by profession in 1932.
They lived together in Indore and had 5 children, 3 boys and 2 girls. He married another
woman after 14 years of marriage with Bano. One day he threw his first wife and the 5
children out of the house. Till 1978, he used to pay Rs. 200 per month to Shah Bano as a
means of income for the wife and children but stopped giving so in April 1978. Hence she
filed a case in a local court in Indore under Section 125 of the CrPC so that she could get a
maintenance amount of Rs. 500 per month. But much to her dismay he gave an irrevocable
talaq to her in November 1978 and used it to defend his case saying that since she was no
longer his wife, thus he had no duty to pay her maintenance. He had to pay only Rs. 5,400 as
prescribed by Islam Law. Ahmad Khan was then ordered to pay 25 rupees to Shah Bano in
August 1979 by a decision taken by the local court which was later enhanced to Rs. 179.20
per month by the High Court of MP on a revisional application in July 1980. Thus the final
petition was filed by Mohd. Khan in the Supreme Court claiming that he has no obligation to
pay maintenance to Shah Bano. The inerveners for the case were All India Muslim Personal
Law Board and the nuslim body, Jamiat Ulema-e-Hind with their spokesmen
being Obaidullah Khan Azmi and Syed Kazi. The Surpeme Court bench which gave the
ruling in the case were Chief Justice Chandrachud, DA Desai, Jangnath Misra, ES
Venkataramiah and O Chinnappa Reddy. On April 23rd 1985, the Supreme Court upheld the
decision of High Court. Chief Justice Chandrachud’s decision and remarks about Islam led to
nationwide agitation which led to it becoming such a hotly debated topic then which is still a
landmark judgement studied by every family law student.

The first protest after the original Supreme Court ruling to pay maintenance in October 1985
was supposed to be a peaceful and cautious one and called the Muslim Law Protection Week
organised by All India Muslim Personal Law Board but soon led to nation-wide protests.

2
LATER JUDGEMENTS

In the later judgements it was decided that Muslim women can claim maintenance even after
the Iddat period under the section 125 of Criminal Procedure Code. For example, it has been
held that the S. 125 was in consonance with the Quran and divorced wives were entitled to
maintenance if they cannot feed herself on her own even after the Iddat period4.

In Daniel Latifi v. Union of India 5it was held that the original decision taken by the Supreme
Court in 1985 was correct and the correct interpretation of the Holy text and Muslim personal
law though it was overruled by the Act of 1986.

Andhra Pradesh High Court has held that provision and maintenance meant the same, and it
covered only maintenance for the Iddat period only6. On the contrary, In Bilkis Begum v.
Majid Ali Gazi 7it was held that claim of maintenance of the divorced wife cannot be
proceeded under Section 125 CrPC after the enactment of the 1986 Act. The section 125 does
not come under a civil law but is a criminal remedy applicable to everyone secularly instead
of civil laws which are applicable selectively to parties belonging to a particular religion.
While it has also been held that if someone files a case under 1986 Act, the act gives power to
the Magistrate to grant such maintenance even under section 125 where the parameters and
considerations for the same have been specified. Therefore merely because she had taken
recourse of section 3,1986 Act, her ability to file one under CrPC is not restricted.8

In Allar Vs Pathu9, the Kerela High Court had held that a husband giving divorce is liable to
pay maintenance to his former wife in the Iddat period and at the same time make reasonable
and fair provision for the post Iddat period under section 3. Even after this is done, the wife
faces destitution, S. 4 comes to her rescue where the relatives of the divorced wife are made
liable to pay for the maintenance but just because this has been provided, it should not lead to
narrow and technical interpretation of Sec. 3.

It is felt that there is a need to look into the mandate passed by the Supreme Court in 1985
and point out the fallacies in the statute and its interpretation.

4
Fuzlunbi v. K. Khader Vali, AIR 1980 SC 1730
5
(2001) 7 SCC 740
6
Usman Bahmani v. Fathimunnisa, AIR 1990 AP 225
7
Bilkis Begum v. Majid Ali Gazi, JT 2002 Suppl 1 SC 115
8
Shamim Bano v. Asraf Khan (2014) (2) ACR 1857
9
MANU/KE/0320/1988

3
ANALYSIS

1) Point of view of Muslims

The reasoning used by the Muslim to oppose the decision was that it was against the holy text
of Quran and thus Muslim Women (Protection of Rights on Divorce) Act, 1986 was in
concurrence with their belief was passed. But on critical understanding and reading of Quran
it can be understood that Quran itself required the husbands to maintain wife even after the
Iddat period expires and it is duty to do and the same liability cannot be transferred to the
woman’s family or state. Thus we cannot justify that Section 5 of the 1986 Act should make
it an option for the husband to pay maintenance for the wife beyond the period of Iddat. This
decision is antithetical to the Muslim Personal Law.

Some Muslims also believe that it is against their Shariah law. Aiyat 40 says that “Legislation
is not but for Allah”. 10This quote means that the Muslims should not accept that part of the
constitution of the country they live in which goes against the Sharia’h law.

While other books say that "On the expiration of the iddat after talaq, the wife's right to
maintenance ceases, whether based on the Muslim Law, or on an order under the Criminal
Procedure Code". 11

2) Political insights

BJP has opposed it saying it was passed for the appeasement of the minority and that the
believers of other religions were on the detriment because they would still be governed by the
section 125 of CrPC and would still have to pay maintenance to the divorced wife for life.
But the act allows for liberal interpretation because of the fact that it has removed the
maximum limit of maintenance payment as was there earlier and added the clause of
adequate provision and maintenance. This case highlighted the fact that religion can highly
influence the political moves in the country because one religious issue and parties can pit
against each other and the start of vote bank politics. Political, social and economic issues are
seamlessly woven into each other.

Based on this issue BJP started its campaign and said that the minority (Muslims) were anti-
nationalists who had disrespected the constitution. This political issue helped them come into

10
Surah Yusuf, Chapter 12, aiyat 40
11
Tyabji's Muslim law (4th Edition, para 304, pages 268-269)

4
power. They were lucky because both the communities were on their side which led to their
electoral success through communal polarisation. Demonstrations of the All India
Democratic Women's Association to protect the rights of all women went into vain when
their main issue sank in the communal disorder.

To incorporate the Directive Principles of State Policy was another dilemma in Shah Bano.
Article 39 says that the citizen, men and women equally, have the right to an adequate means
of livelihood. 12These principles act as guides for policy makers and judges and sometimes it
is important to adjust the rights in their ambit to incorporate Directive Principles. But the sad
part is that their breach doesn’t invalidate a law. But atlast these days it is only the
fundamental rights which triumph over these principles. Even the fundamental rights can be
questioned where the word “secular” is highly contested in this case and one of the vital
issues. Another argument against the Act or decision is that it is violative of the Article 14 of
the Indian Constitution which provides for equal treatment of all men and women irrespective
of their religion, caste, creed, race, etc. this decision fails to provide secular treatment to the
Muslim women in terms of maintenance after Divorce. It also deprives Muslim women from
secular remedy as provided under the Section 125 of Criminal Procedure Code. But this Act
was justified by saying that personal laws are a just basis of classification of people. But why
should a person be deprived of matrimonial benefits just because they were born in a Muslim
family? To explain this we can assume a case where a Hindu is not allowed to marry under
the Special Marriage Act, 1954 but a Muslim is allowed to do so. This would a violation of
the Article 14 because here there is no classification based on religion and people are on an
equal footing, not divided on the basis of religion. Thus one can claim such privilege.

Some of the political moves included the opening of up Ram Mandir in Ayodhya to appease
the hindu communalists and demolition of the Babri Masjid. The riots could have been
avoided if ill-informed religious zealots among the Muslims had not jumped into the fray and
their ill-intentioned opponents had not communally exploited the situation for nefarious
purposes. 13 In order to appease the Hindu sect too in Feb 1986, Rajiv Gandhi opened up the
gates of Babri Masjid too which had Ram lalla idols in it. This helped him to soothe the
religious sentiments of both Hindu and Muslims as Muslims were already happy after the
1986 Act was passed.

12
http://www.newworldencyclopedia.org/entry/Fundamental_Rights,_Directive_Principles_and_Fundamental_D
uties_of_India
13
Shah Bano Alibi for Communal Change, also available at http://www.paklinks.com/gs/archive/index.php/t-
25232.html (last accessed on 21st January, 2016 1705 hours)

5
3) The Muslim Women (Protection of Rights on Divorce) Act, 1986

The constitutional amendment was used to cudgel the Muslims and the majority to revolt
against it, just for some political benefits. The result was repercussions among the Muslims
who felt that their faith was under threat.

The act provides that the husband has to pay alimony only for 3 months, and even after that if
the woman is not able to live independently and take care of herself, the family would take
care otherwise the State Wakf Board will provide support. 14Referring to the maintenance of
wife by her family or Wakf board after Iddat period is highly improbable and controversial.
One of the reasons is that why will someone provide her support who weren’t even related to
the divorce and the Wakf board which is perennially short of funds. Then how can it provide
financial support to the destitute women.

In a case it was held that dower is a compuslory amount payable by a husband to his wife in
Muslim marriages. It is like a consideration for marriage and should be paid before marriage.
It can be divided into 2 parts namely “prompt” where it needs to be paid before conjugal
domicile with wife and “deferred” which is paid to the wife in case either of the parties die or
on divorce. 15

The Supreme Court helped to devise a new meaning for the word “provision” which would
ultimately help in the betterment of the victim. According to this, provision means something
is provided in advance for meeting some needs. The Muslim husband, while giving talaq to
his wife is required plan and provide for the future needs of his wife and make advanced
preparations for meeting the same. It purposefully gave meaning to the word “within” which
would mean "on or before", "not beyond" and, therefore, it was held that the Act would mean
that on or before the expiration of the iddat period, the husband is bound to make and pay a
maintenance to the wife and if he fails to do so then the wife is entitled to recover it by filing
16
an application before the Magistrate as provided in Section 3(3). she would be entitled to
the same for life till she gets remarried. And in case of a choice between personal law and S.
125, the CrPC section overrides.

14
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 ACT NO. 25 OF 1986,
also available at http://indiacode.nic.in/fullact1.asp?tfnm=198625 (last accessed 24 th January,2016 2100 hours)
15
Hamira Bibi v. Zubaide Bibi 43 I. A. 294
16
http://commonlawchambers.com/newsread.php?_newsid=106

6
To clarify on the provision and rights of the divorced women a constitution bench was
formed which gave a new interpretation to sec. 3. The magistrate can order the husband to
recover maintenance, provision and Mahr to his wife. A man has two obligations towards his
divorced wife: one is to make a “reasonable and fair provision” and the other is to provide
“maintenance” for her. Also the maximum limit of payment of maintenance has been
removed now. At the same time he has to restore wife’s Mahr and her dowry as per Sections
3(1)(c) and3(1)(d) of the Act.

AIMPLB defended the Act of 1986 by saying that section 5 states that CrPC section 125 to
128 will only be applicable to the Muslim men and women in case they explicitly decide to
be governed by so. They also say that giving maintenance beyond the Iddat period is
illegitimate because after that all the relations between the Divorced husband and wife cease
to exist.

4) What does the Quran have to say?

The Supreme Court at various points has used the Shariah law to favour its reasoning
for the betterment of women where they tried to reconcile the Historical school of thought
with making the essential duties of husbands to pay mehr during Iddat compulsory and the
positivist school where it invoked the sovereign law. The courts have now become realist as
they take into consideration the current religious and political situation. The constitution, it
provisions and articles, helps the judges to easily pass through political upheaval and
religious uncertainty and bring in universal justice and equality in its decisions.

Some of the critics say that Islamic law is actually against the Muslim men. According to
Allah commands in the Qur’an: “And give the women [upon marriage] their gifts graciously.
17
But if they give up willingly to you anything of it, then take it in satisfaction and ease”.
Mehr is the gift of the bride which may be paid by the husband at once or during the life as
she demands. When a Muslim man remarries he has to pay Mehr to his new wife. Not only
this, it is the wife who decides the mehr she will receive from her husband. This is
detrimental for the husband because he has to pay Mehr to the new wife as well as alimony to
his ex-wife. In Islam both men and women share equal rights and responsibilities.

17
Surah an-Nisa, ayat/verse 4

7
Aiyats 241 and 242 of the Quran say that the liability of man to maintain his divorced wife
could only be ceased if she could maintain herself after the expiration of the Iddat period.

5) Section 125 of Criminal Procedure Code

Matters concerning the divorced women and alimony come under the civil law and
governed by the respective personal law. But CrPC at the same time allows for temporary
relief to the divorced women where the Magistrate can order the husband to pay for the
women till the case is finally decided in the court under the statutory law. 18But to the
detriment of Muslims there is no Muslim codified law which makes them incapable of
benefitting fully from the provisions provided under the act. The Section 125 states that the
principle of maintenance says that it ‘‘is applicable to all persons belonging to all religions
and has no relationship with the personal law of the parties.’’19 Finally in 2009, the court
ruled that section 125 of CrPC extended to Muslim women too and they could get alimony
for an indefinite period as long as they do not marry.

The power to enact the maintenance law of 1986 is given to the magistrate who will decide
on the rules and guidelines in CrPC. It is believed that because of this cases were decided at a
much faster pace than the Hindu divorce cases in the civil court. This is a plus point of the
1986 Act. But the Muslims who are in minority in India saw it as an imposition of majority
decision on them.

The CrPC section allows for payment of maximum Rs.500 maintenance per month to the
claimants which was removed only in 2001. While the personal law allows for exorbitant
payment with no amount limit at one time which would eventually benefit all the claimants.

Various amendments have been brought about in the section 125 to 127. Now the term “wife”
also includes a divorced wife, in case a husband has contracted marriage with another woman
the first wife can refuse to live with him and Section 127(3)(b) which says that dower is an
amount payable "on divorce".20

Mehr is an obligation of husband towards wife as a mark of respect. But, the payment of the
amount is not occasioned by the divorce, which is what is meant by the expression 'on
18
Divorce: Law and Procedure, also available at http://parting.hpage.co.in/alimony_48809808.html (last
accessed on 23rd January, 2016 at 2010 hours)
19
Section 125, Criminal Procedure Code, 1973.
20
Ghurava Bai vs Vishnuram, I (2002) DMC 324

8
divorce', which occurs in Section 127(3)(b) of the Code. Divorce dissolves the Marriage.
Therefore no amount which is payable in consideration of the marriage can possibly be
described as an amount payable in consideration of divorce.21

A man may marry a woman for love, looks, learning or nothing at all. And he may settle a
sum upon her as a mark of respect for her. But he does not divorce her as a mark of respect.
Therefore, a sum payable to the wife out of respect cannot be a sum payable 'on divorce'. 22

Section 125(3) provides that if the husband puts a condition that he would give maintenance
only if the wife lives with him and she refuses to do so, then the Magistrate can consider the
grounds for refusal and order maintenance notwithstanding the offer of the husband
depending upon the validity of such a refusal.

So Section 125 lays down that in the case of a divorced woman, husband is responsible for
maintenance. In the case of parents, sons are responsible; in the case of sister and brother, the
one who is doing better; in the case of children, parents. It provides that till such time they are
not in a position to sustain themselves, it is the responsibility of the husband or the son or
parents to provide for their basic needs. Any of them facing destitution can move the court to
have a monthly allowance fixed.

6) Reaction of various stakeholders

Women’s organisation are opposing the decision because it denies the right to Muslim
women to use the central laws for relief unlike women of other religions and under the
provisions of secular legislations. It has been seen that a lot of Muslim Women supported the
original decision but this was only a canard spread by some feminists and self-styled liberals
which were a minuscule minority.

Makarand Paranjape regarded the move of Congress as a pseudo-secular tactic where it used
religion for vote bank politics. Famous lawyer Ram Jethmalani regards this decision as a
"retrogressive obscurantism for short-term minority populism".23

21
Dr. Paras Diwan in his book, "Muslim Law in Modern India" (1982 Edition, page 60)
22
Muslim Femenism and Feminist Movement, also available at
https://books.google.co.in/books?isbn=8187746300 (last accessed on 25 th January 2016 at 1400
hours)

9
Minority Rights Group International, UK NGO said that it “highlighted the disjunction
between constitutional law premised on the principle of sexual equality and religious laws
which discriminate on the basis of this very category.”24

Though India is a part of Convention on the Elimination of All Forms of Discrimination

Against Women (CEDAW). This has not been implemented properly due to weak
mechanism. Its article 16 says that: “States Parties shall take all appropriate measures to
eliminate discrimination against women in all matters relating to marriage and family
relations and in particular shall ensure, on a basis of equality of men and women… the same
25
rights and responsibilities during marriage and at its dissolution”. If this is implemented
properly then it will be easy for the women herself to get a divorce. Are their rights fully
recognized if their individual rights as women are supported but their Muslim autonomy is
squelched? How can these individual and group rights be balanced?

Joint Women’s Programme, a national association with members of various religious

backgrounds, were inspired to issue a Memorandum and organize demonstrations to fight
against the Muslim Women’s Bill and support a uniform civil code for all women. Many
progressive women liked the idea of a uniform civil code but worried that their own activism
on this issue could facilitate the Hindu nationalists’ more xenophobic advocacy of the same
cause. The religious and ideological divisions among women over the Shah Bano case
diluted the political force of their demands.

23
Mohd. Ahmed Khan Vs Shah Bano, also available at
https://en.wikipedia.org/wiki/Mohd._Ahmed_Khan_v._Shah_Bano_Begum (last accessed on 24th jan 2016 at
1905 hours)
24
The Shah Bano case, also available at http://www.youthkiawaaz.com/2012/06/the-shah-bano-case-a-
landmark-case-in-indian-family-law/ (last accessed on 23rd jan 2016 at 1800 hours)
25
CEDAW 29TH session, also available at http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
(last accessed on 24th January, 2016 at 2110 hours)

10
CONCLUSION

The act was passed for the financial safety of a Divorced Muslim woman but the same is
working for the detriment of the same. The concern is that Muslim women are deprived of
the safety provided by the laws excluding personal laws whose beneficiaries are all women
except the Muslim women. Muslim women too have a right to live life with dignity and
without destitution and vagrancy after dissolution of marriage. This shows how religion can
be used as an instrument for achieving personal vendetta. The Muslims can highlight their
personal law as pure and advanced instead of fighting. They should make efforts that their
shariah law should contribute significantly to the common civil code of India.

I feel that in order to continue the trend set by Motilal Nehru of secularism, Rajiv Gandhi
succumbed to mullahdom and the fundamentalist elements. There has been a constant tension
between legislature and judiciary and still the grey areas in the sensitive zone between them
have not been removed.

Some regard it as a anti-women, un-Constitutional and anti-national measure. While they feel
the Hindu Code passed in 1955 was patriotic and nationalistic, the act of 1986 was considered
as treachery and discrimination.

Legitimacy of laws should depend upon how the protect the rights of citizens disregarding
their religious practices. If primacy is given to the communal identities soon the value of
citizenship goes down because at every point the Communalists raise issues which become a
threat to democracy. It questions the religious tolerance in the country. Because the
fundamentalist interpretation of “religion decrees subservience to authority, non-negotiable
dogma, and a willingness to bear any sacrifice and pay any price in pursuit of paradise in the
world beyond time” 26
all tolerance has been lost. Because of such division of opinions
gaining prominence due to escalating communalism, she couldn’t call herself a devout
Muslim or a practicing democrat.

Shah Bano was not a case for secularism really but whose cry raised by Ali Miyan, chairman
of AIMPLB. Whereas in his books he had regarded secularism as anti-Islam supporting

26
The Shah Bano Controversy: A case study of individual Rights, Religious Tolerance, and the role of secular
state, also available at http://www.studentpulse.com/articles/1061/3/the-shah-bano-controversy-a-case-study-of-
individual-rights-religious-tolerance-and-the-role-of-the-secular-state (last accessed on 25th January, 2016 at
2200 hours)

11
Pakistan president decision of removing secularism in Pakistan but when he saw the Shah
Bano judgement he made a cry that secularism was in danger in India.

On fathoming it has been found that it is a widespread practice of husbands to desert their
wives without divorce but would do so when proceedings start in the court for allowance.
This case led to wide range of introspection and a vigorous debate but due to an improper
handling situation we still haven’t got Uniform Civil Code to place and are wringing our
hands in frustration. If some strong and wise decision was taken Muslim women wouldn’t be
treated in this medieval-minded way still. If the Congress had not succumbed to demands, the
communalism politics wouldn’t be so prevalent. But atleast this has triggered a significant
change.
The personal laws are used in other British colonies as well in various matters. For example,
post Apartheid South Africa still recognises some customary marriage laws even though its
constitution is quite progressive. Even within US, the customary laws vary geographically as
well as religiously. Thus these issues have parallels to debates right here and now.

The voluble orthodox have termed it as an attack on Islam and its beliefs. At last I would like
to say that there was a direct conflict between the customary practice of following the
principle laid down in respect of iddat, the reasoning adopted in Shah Begum, the spirit of
people and the Act of 1986. This case helped in restoring faith in the judiciary where justice
and equality comes before religion. This was a landmark case because it was for the first time
that a Muslim woman had questioned her personal laws which shook the religious leaders,
public and legal system of the nation.

12
BIBLIOGRAPHY

 CEDAW 29TH session, also available at

http://www.un.org/womenwatch/daw/cedaw/text/econvention.
 The Shah Bano Controversy: A case study of individual Rights, Religious Tolerance, and the
role of secular state, also available at http://www.studentpulse.com/articles/1061/3/the-shah-
bano-controversy-a-case-study-of-individual-rights-religious-tolerance-and-the-role-of-the-
secular-state
 The Shah Bano case, also available at http://www.youthkiawaaz.com/2012/06/the-shah-bano-
case-a-landmark-case-in-indian-family-law
 Muslim Femenism and Feminist Movement, also available at
https://books.google.co.in/books?isbn=8187746300
 Divorce: Law and Procedure, also available at
http://parting.hpage.co.in/alimony_48809808.html
 THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 ACT
NO. 25 OF 1986, also available at http://indiacode.nic.in/fullact1.asp?tfnm=198625
 Shah Bano Alibi for Communal Change, also available at
http://www.paklinks.com/gs/archive/index.php/t-25232.html

13