[India] - Rs 20/month alimony to Bano brought spotlight on UCC in 1985

INSUBCONTINENT EXCLUSIVE:
NEW DELHI: The decision of advocate Mohd Ahmed Khan, with an annual income of Rs 60,000 in the 1970s, to move the Supreme Court opposing
award of a monthly alimony of Rs 179 to his wife Shah Bano, abandoned after 43 years of marriage, put the spotlight on Article 44 of the
Constitution envisioning Uniform Civil Code (UCC)for the country.Married to Khan in 1932 and driven out of her matrimonial home in 1975,
Bano approached an Indore court in April 1978 seeking Rs 500 as monthly maintenance allowance.Read AlsoAAP backs UCC 'in principle',
Congress, Akalis oppose itA day after Prime Minister Narendra Modi's strong pitch for a uniform civil code, Aam Aadmi Party on Wednesday
broke from the opposition ranks to extend "in principle" support to the proposal, citing Article 44 of the Constitution, even as Congress
called it a tactic by an "agenda-drivenAfter late-night meet, Muslim law board pans PM's UCC pitchNEW DELHI: The All India Muslim Personal
Law Board (AIMPLB), in a meeting that went on till late on Tuesday night, condemned PM Narendra Modi's strong pitch for Uniform Civil Code
and objected to "indirect attempts to connect UCC to only the Muslim community"
The board has decided to reach out toUttarakhand UCC draft 'almost final', government to get it in 'week or 2'After over 13 months of
meetings, consultations, field visits and interactions with experts and members of the public, the five-member panel headed by retired
Supreme Court judge, Justice Ranjana Desai, which is mandated to draft the Uniform Civil Code (UCC) in Uttarakhand, is now ready with
theKhan gave her talaq in November 1978
In August 1979, the magistrate awarded her a beggarly sum of Rs 20 per month
On her appeal, the Madhya Pradesh HC enhanced it to Rs 179
20
Khan challenged it before the SC.A five-judge SC bench led by then CJI Y V Chandrachud in April 1985 upheld the maintenance granted by the
HC with a direction to the husband to pay an additional sum of Rs 10,000 as cost to Bano
There is no evidence of any official activity for framing a common civil code for the country
A belief seems to have gained ground that it is for the Muslim community to take a lead in the matter of reforms of their personal law
A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting
It is the State which is charged with the duty of securing a Uniform Civil Code for the citizens of the country and, unquestionably, it has
the legislative competence to do so
A counsel in the case whispered, somewhat audibly, that legislative competence is one thing, political courage to use that competence is
quite another
We understand the difficulties involved in bringing persons of different faiths and persuasions on a common platform but a beginning has to
the husband and quoted from a report of the Commission on Marriage and Family Laws in Pakistan in the late 1950s expressing grave concern
it is the very question which continues to stifle reforms in Muslim personal laws, which remain uncodified even after 73 years of India
becoming a republic and 67 years after Hindu personal laws were codified.Instead of attempting to bring in UCC, the Rajiv Gandhi government
enacted the Muslim Women (Protection of Right on Divorce) Act, 1986 to annul the impact of the Shah Bano judgment
The SC remained quiet for nearlya deca de during which it dismissed a writ petition filed by Maharishi Avadhesh (1994) challenging the 1986
Sarla Mudgal judgment of 1995, the SC was more forthright in insisting that the legislature take steps to enact UCC
to keep in abeyan ce, any more, the introduction of uniform civil code for all citizens in India
Constitution.On March 29 this year, the SC had dismissed a PIL seeking enactment of UCC