The teaser of the upcoming film “Haq” starring Emraan Hashmi and Yami Gautam was released. The film is based on a true incident. Shah is telling the story of Bano in the film. Who knocked on the door of the Supreme Court for equal rights being taken away by her husband. The teaser of ‘Haq’ starring Yami Gautam Dhar has made the headlines in the 1985 Shah Bano case. Actress Yami Gautam is playing the role of a girl named Shazia Bano in the film, a fictional version of Shahbano. The courtroom drama also stars Emraan Hashmi, who plays the opposing side and Dhar’s husband in the film.
Haq film teaser
In the teaser, Emraan Hashmi is seen saying to Yami Gautam that if she had a true Muslim and a noble and loyal wife, she would never say so. Yami Gautam replies to this, ‘I am just Shazia Bano. Our fight is only for one thing: for our rights. ‘ Later, she goes to court for justice, where she is asked to take advice from which she responds, ‘If someone’s blood is on our hands, will you say the same to me?’
Judge tells Emraan Hashmi that this is not a private case. The whole country is going to join it. Subsequently, Imran and Yami are face to face in the Supreme Court. Yami Gautam says, “We are Indian women, so the law should be treated with us with respect as he does with others.”
Shah Bano Case
Shah Bano Begum was married to a lawyer named Mohammad Ahmed Khan. He lived together for 43 years and had five children. In 1978, Khan expelled Begum from a shared house and Begum applied for maintenance from the mine under Section 125 of the Criminal Procedure Code, 1973 (CR.PC, 1973). After 14 years of marriage, Khan got married second. He stayed with both wives for some time. However, he later expelled Shah Bano and his children from the house and asked them to live in a separate house. When Khan promised him to give him Rs 200 per month, Shah Banu approached the court and demanded maintenance for himself and his five children under Section 123 of the Criminal Procedure Code, 1973.
According to this provision, a man will have to take care of him during marriage and after divorce, if the wife is financially unable to maintain herself. Khan opposed Bano’s claim citing India’s Muslim personal law, according to which the husband has to provide maintenance only for the period after divorce. Iddat is a period, which is usually three months old, which a woman has to follow before her husband’s death or divorce. If a woman is pregnant, Iddat lasts until the birth of a child.
The All India Muslim Personal Law Board, while supporting Khan’s argument, said that the courts cannot interfere in cases related to Muslim personal law. It said that this will be a violation of Muslim Personal Law (Sharia) Application Act, 1937. The board argued that the Act allows the courts to pronounce the verdict on the basis of Sharia on divorce, maintenance and other family issues. Talking to Hindustan Times in 2011, Shah Bano’s youngest son Jamil Ahmed Khan recalled the matter, saying, “There was a fight for respect. It was a fight against the defamation of our honor in the area and a family matter.”
Shah Bano decision
In 1985, the Supreme Court upheld the decision of the lower courts and directed the husband of Shah Bano to give them the maintenance amount under the alimony provision of Indian law. Chief Justice of the then India Y.V. Chandrachud said in his judgment, “Section 125 was implemented to provide quick and brief relief to the class of individuals that are unable to maintain themselves. Then what is the difference that the neglected wife, children or parents believe in which religion? The person with enough means to maintain them and require these persons in order to maintain themselves. There are criteria. “
Historical decision
He further said, “Such provisions, which are essentially of immaterial nature, overcome the obstacles of religion. Section 125 is based on the responsibility of maintaining the poor close relatives, the responsibility of preventing the wandering and lack of a person. This is the moral order of law and morality cannot be associated with religion. A sexual approach was presented on the need to improve Muslim personal law.
Congress government brought the Muslim Women’s Act
Promoting the Supreme Court’s decision in the Shah Bano case, major Muslim groups said that it was against Muslim personal law. Hindu rightists used this decision to advocate the Uniform Civil Code.
Shah Bano’s son Jamil told HT, “Former diplomat and prominent Muslim leader Syed Shahabuddin came to our house, as well as Ulema (clergy) of Indore and other cities, who told us that the decision was against Shariah.” He further said, “The pressure had increased so much that I felt that winning the case was not so good. It would have been better if we had lost.”
Under pressure from orthodox Muslims, the then Rajiv Gandhi government passed the Muslim Women (Protection on Divorce) Act, 1986, which was considered to be the Supreme Court’s decision to overturn. Section 3 (1) (A) of the Act mentions “a proper and equitable provision and alimony to make and give” for his divorced wife by a Muslim husband. However, the law stated that the duration of maintenance would last for the period. It also said that if a woman could not maintain herself, then the magistrate has the right to direct the Waqf Board to provide means of maintenance to the victim woman and her dependent children.
Challenge to constitutional validity
Shah Bano’s lawyer, Danial Latifi challenged the constitutional validity of this law. The apex court, retaining the validity of the new law, said that it does not deprive Muslim women of the right to obtain alimony. However, the court said that this obligation cannot be limited to the period of Iddat. A year ago, Shah Bano, who allegedly met Prime Minister Rajiv Gandhi in Delhi, said in a press conference that she was refusing to pay alimony as it is against Sharia. Jamil told the newspaper, “I felt that if we did not back down now, we would come to Azab (sorrow). Since it was a matter of religion, I did not want us to be an example.”
Shah Bano died of brain haemorrhage in 1992.
Haq film’s release date, director, artist and producer
Haq Mohammad Ahmed Khan vs Shah Bano Begum is based on the historic decision of the Supreme Court. S. Directed by Verma, the film will be released in theaters on November 7, 2025. It has been produced by Junglee Pictures in collaboration with Insomnia Films and Baweja Studio.
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