Respondent argues that:
1) Muslim women, whether married or unmarried, were denied basic freedoms under religious laws, which violates principles of humanity and fundamental rights.
2) The Indian constitution calls for a uniform civil code to address discrimination and harmonize cultural practices.
3) A uniform civil code would replace personal laws based on religious scriptures with common laws applying equally to all citizens.
4) Under section 125 of criminal law, Shah Bano is entitled to maintenance from her husband as she is unable to support herself, as this law does not consider religion.
Respondent argues that:
1) Muslim women, whether married or unmarried, were denied basic freedoms under religious laws, which violates principles of humanity and fundamental rights.
2) The Indian constitution calls for a uniform civil code to address discrimination and harmonize cultural practices.
3) A uniform civil code would replace personal laws based on religious scriptures with common laws applying equally to all citizens.
4) Under section 125 of criminal law, Shah Bano is entitled to maintenance from her husband as she is unable to support herself, as this law does not consider religion.
Respondent argues that:
1) Muslim women, whether married or unmarried, were denied basic freedoms under religious laws, which violates principles of humanity and fundamental rights.
2) The Indian constitution calls for a uniform civil code to address discrimination and harmonize cultural practices.
3) A uniform civil code would replace personal laws based on religious scriptures with common laws applying equally to all citizens.
4) Under section 125 of criminal law, Shah Bano is entitled to maintenance from her husband as she is unable to support herself, as this law does not consider religion.
Muslim women weather married or unmarried were not given freedom
even they were debarred from their basic freedom, which is against humanity and it basically violates the basic and fundamental rights of human. Article 44 of the Directive Principles in the Constitution says the “State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.” The objective of this endeavour should be to address the discrimination against vulnerable groups and harmonise diverse cultural practices. Uniform civil code is the proposal to replace the personal laws based on scriptures and customs of each major religious community in India with a common set governing every citizen. According to section 125 of CrPC ,A wife who is unable to maintain herself is liable to get compensation from her husband as in this section, it is totally a Secular law, There is nowhere written any religious factor, so my client MS. Shah Bano is unable to maintain herself at this old stage so she is entitled to get maintenance.