ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Muslim Maintenance Bill A Postscript

Muslim Maintenance Bill: A Postscript Gautam Navlakha IT is the mark of time that a Supreme Court judgment in 1985 could create a momentum when a similar judgment few years earlier caused not a flutter. While to some extent this is because the Muslim Personal Law Board was actively involved on side of the husband in the Shah Bano case and therefore had staked its prestige on the issue, several other factors contributed to build up opposition to the judgment, The judgment quite unnecessarily contained disparaging remarks about Islam and its Prophet. But more than anything else the judgment became a rallying point for a community afflicted by the seige mentality. However, the Muslim community chose the wrong cause and for wrong reasons to come out against the judgment and clamoured for retrogressive legislation which would, in course of time, be used further as a symbol for arousing Hindu chauvinism. It was perfectly possible to support the judgment granting maintenance while criticising it for going beyond what it was required to do.

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