New Delhi: Yami Gautam and Emraan Hashmi starrer ‘Haq’ hit theaters on November 7. Directed by Suparn S. Verma, known for works like ‘Ek Khiladi Ek Haseena’, ‘Acid Factory’, and ‘The Family Man Season 2’, the courtroom drama, as per Sacnilk, has earned a decent amount of Rs 5 crore so far.
As the Yami Gautam starrer continues to make headlines, let’s revisit two historic landmark cases that shook the entire nation and the one that inspired the story behind ‘Haq’.
Shayara Bano v. Union of India (2017)
Add Zee News as a Preferred Source
According to a report by the Legal Information Institute, Shayara Bano, a Muslim woman from Uttarakhand, India, is known for challenging the practice of instant triple talaq in the Supreme Court of India. Her 2016 petition became a turning point in India’s legal history, leading to the Supreme Court declaring the practice unconstitutional in 2017, a landmark decision that struck down triple talaq for violating the fundamental rights of Muslim women.
In Shayara Bano v. Union of India, the petitioner was divorced by her husband after 15 years of marriage through ‘talaq-e-biddat’, a practice by which a Muslim man could divorce his wife by pronouncing “talaq” three times in one sitting, without her consent. Shayara Bano filed a writ petition challenging this practice as unconstitutional, arguing that it was arbitrary and discriminatory.
Supreme Court verdict: In August 2017, a five-judge bench of the Supreme Court ruled in a 3-2 majority that the practice of instant triple talaq was “manifestly arbitrary” and unconstitutional, thereby declaring it illegal. The judgment was hailed as a major victory for gender equality and women’s empowerment in India.
Mohd. Ahmed Khan v. Shah Bano Begum (1985)
On the other hand lies the Shah Bano case, which served as the primary inspiration for Yami Gautam’s ‘Haq’.
In 1978, Shah Bano’s husband, advocate Mohammed Ahmad Khan, ended their 43-year marriage by pronouncing “talaq” thrice in one go. He sent her a small monthly allowance for a few months and then stopped it completely. Left without any means to survive, Shah Bano decided to fight back legally.
She sought maintenance under Section 125 of the Code of Criminal Procedure (CrPC), a law that required a person to support their spouse or dependents if they had the means to do so. This law also extended to divorced women who had not remarried. Her husband, however, contested the claim, arguing that under Muslim Personal Law, his duty ended after the ‘iddat’ period (roughly three months after divorce). He claimed that by paying her ‘mehar’ (the dower promised at marriage) and supporting her during that period, he had fulfilled all obligations.
As per a report by Manupatra, a local court ordered him to pay her Rs 25 per month, which the Madhya Pradesh High Court later increased to Rs 179.20. Khan appealed against the High Court’s order in the Supreme Court of India.
On April 23, 1985, a five-judge Constitution Bench led by then Chief Justice Y.V. Chandrachud dismissed Khan’s appeal and upheld the High Court’s decision.
Hon’ble Judges/Coram: Y.V. Chandrachud, C.J., D.A. Desai, E.S. Venkataramiah, O. Chinnappa Reddy, and Ranganath Misra, JJ.
The Supreme Court held that a payment made pursuant to personal laws could not absolve a husband of his obligation to pay fair and reasonable maintenance under Section 125 CrPC (1973). The Court ruled that a husband can be liable to pay maintenance even beyond the ‘iddat’ period.
Shah Bano or Shayara Bano: The Difference
Although both Shah Bano and Shayara Bano fought for justice against discriminatory practices, their legal battles centered on different issues. The Shah Bano case (1985) focused on a divorced Muslim woman’s right to maintenance beyond the ‘iddat’ period under Section 125 of the CrPC. In contrast, the Shayara Bano case (2017) challenged the very practice of instant triple talaq, questioning its validity under the Constitution of India.
Haq: A Story of Courage and Justice
Haq takes direct inspiration from the life and legal struggle of Shah Bano Begum, whose 1985 Supreme Court case became a watershed moment in Indian legal history. The judgment, which granted divorced Muslim women the right to maintenance under Section 125 of the CrPC, triggered a nationwide discussion on gender equality, personal law, and religious identity.
According to Haq’s official IMDb synopsis, “In 1980s India, Shazia Bano seeks justice when her husband stops child support after remarrying. His attempt to silence her with triple talaq sparks a national debate on women’s rights and faith.”
