Date: 8th January 2024
As a responsible journalistic community, it is our duty to approach sensitive issues like the Shah Bano Case & Bilkis Bano case impartially. The media should hold all parties accountable for their actions during sensitive events, ensuring that survivors’ interests are prioritised above political interests. It is only through objective evaluation and holding all parties accountable that we can pave the way for justice and ensure a safer society for all.
While the Bilkis Bano case warrants serious attention, the Congress Party’s right to speak on this matter is being scrutinized due to its on track record of overturning of the Shah Bano Case verdict.
In what can only be described as a dark chapter in the history of India’s legal and political landscape, the Shah Bano case continues to haunt memories, shining a light on the Congress party’s apparent disregard for the rights and welfare of Muslim women. This landmark case, which unfolded in 1985, serves as a glaring example of the party’s failure to prioritize gender justice within the Muslim community.
The Shah Bano case revolved around a destitute Muslim woman who, at the age of 73, boldly challenged the age-old practice of triple talaq. After being divorced by her husband through this unjust and unilateral method, Shah Bano sought alimony in accordance with the prevailing laws of the country.
The Supreme Court of India, acknowledging Shah Bano’s rights, delivered a momentous verdict in her favor, compelling her former husband to provide financial support. However, discontent within conservative sections of the Muslim community, particularly religious fundamentalists, who vehemently opposed any infringements on their perceived religious freedoms, created an uproar.
Under mounting pressure from conservative segments and fearing a potential backlash from the Muslim vote bank, the then Congress government, led by Prime Minister Rajiv Gandhi, succumbed to political expediency. In a shocking move, the Congress party, shamelessly pandering to religious sentiment, introduced the Muslim Women (Protection of Rights on Divorce) Act, 1986, overturning the Supreme Court’s judgment.
This deliberate act of surrender demonstrated the Congress’ willingness to sacrifice the interests and welfare of Muslim women at the altar of political opportunism. The move betrayed a lack of conviction and the party’s failure to stand up for justice and gender equality within the Muslim community.
The Shah Bano case remains a poignant reminder of the Congress party’s betrayal of its own professed commitment to secularism and women empowerment. By ceding to the reactionary forces within the Muslim community, the Congress undermined the rights and dignity of Muslim women, forsaking an opportunity to lead the nation towards progressive change.
Moreover, this retreat by the Congress sent an unfortunate message, reinforcing the notion that religious sentiments should supersede fundamental human rights and the principles of gender equality. It communicated to conservative elements that they could manipulate religious identity to perpetuate discriminatory practices against women.
The Congress party, whose foundational principles were rooted in secularism, failed Muslim women in their pursuit of equal rights and justice. The debacle not only exposed the party’s moral bankruptcy but also shattered the trust of millions of women who looked to it for safeguarding their interests.
Decades have passed since the Shah Bano case, yet its effects continue to reverberate throughout Indian society. The spotlight that this historic case has shone on the Congress party’s priorities, or lack thereof, underscores the need for a renewed commitment to gender justice and equal rights. Only through the adoption of progressive, inclusive policies can Indian Muslim women finally receive the protection and rights they deserve.
As the nation progresses, it is essential that all political parties, including the Congress, reflect and learn from the horrors of the Shah Bano case. It is their duty to eschew political expediency and reaffirm their commitment to the fundamental principles of gender equality and justice, irrespective of religious affiliations, for the betterment of society as a whole.