How SC order blunts Rajiv Gandhi’s '86 'ShahBano' Act denying Muslim women alimony under secular law
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- čas přidán 9. 07. 2024
- #CutTheClutter #muslimdivorcedwomen #supremecourt
SC's Shah Bano judgment came under heavy attack in 1985. As SC now upholds Muslim women's right to maintenance under CrPC Section 125, in addition to the entitlements under Muslim personal law, in Episode 1478 of Cut The Clutter, Editor-in-Chief Shekhar Gupta discusses the latest judgement, its import, political storm caused by the 1985 ruling and why India's journey in Muslim personal law reforms took longer than Pakistan's.
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Read the Supreme Court judgement here: www.sci.gov.in/wp-admin/admin...
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Read Shekhar Gupta's India Today article here: www.indiatoday.in/magazine/fr...
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Read Arif Mohammed Khan's interview here: www.indiatoday.in/magazine/fr...
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lol even the NYT prints more truth that this foreign funded blatantly anti India print. Gupta's going rate is just a few lakhs.
BJP chamcha
More stereotyping Muslim women by showing hijab picture. Most Muslims don't wear a hijab. Just go the Bengal for example
@@grapeshott yeah, most muslim women actually help their muslim men molest non muslim women, they have no morals, Bengal is best example.
When im bored and want to read biased, illogical, and complete lies, for fun, i see what theprint has written.
Rajiv Gandhi Screwed Muslim woman in favor of Muslim Men and the same Muslim women still vote for Congress. 😮😮😮
Women are still sex slaves in Muslims
it was because his mother was screwed by many moslem men, hence he new the beauty of the religion first hand.
Peaceful community never disappoints
Its called politics.... from rule book of British... Divide and rule
You are stupid to think people care about the past when they feel existential threats today.
India is fortunate that now neither Rajiv Gandhi nor his wife/son is not in power. Otherwise they would have brought another law to nullify this judgement.
Nah it can't happen with 99 seats😂
@@ChandranPrema123 but in madarasa 99 is greater than 242.
@amitavasaha2851
Yup...Now Cows are more important than women...😌
Oh, let them be. If their faith is more important than the welfare of their family ...
Vinasha kale bibhareeda buddhi
Cows to women is no good for sure …..but women to crap is more than despicable 😢
Bring in UCC and remove the draconian Waqf Act!
What is the use of UCC if there are hundreds of exception clauses are going to be there.
Time has come to declare the waqf properties as encroached properties.
The Central Government/ NDA government/ Modi Sarkaar have no guts to carry out any drastic changes..no point expecting anything positive from these Secular Hindus..bunch of cowards who bow down to M K Gandhi and appreciate Nehru selectively..this constitution is anti India anti Hindu, we need a leader who can claim that this constitution is not acceptable and should dump Gandhi Nehru and Ambedkar
Modi Govt needs to act on this God sent opportunity and reverse the Rajiv Gandhi Law and implement at least some form of uniform civil code.
Exactly but the Kukis in Manipur will revolt because you know😅
Actually in my view modi should never bring UCC bcz if someone wants to be in shit I think we should let it be.
true..I also think if a community wants to live in gutter, let them live..!!
Modi Govt. need not take any action. SC has invoked Section 125 Cr. P. C for all divorced women without religious discrimination.
@@satyasingal modi should bring an amendment to overturn it, people don't need something that they don't understand or desire.
Maulana Rahul Khan will protest against it.
No. He will tell the Maulanas to keep quiet. He will think protest against this will strengthen Hindutva.
Maulanas will ditch Rahul then .For them Rahul is not above Sharia.
@shubhamkumar-nw1ui Yes, Even Sanghi Modi also.
He wanna but cant..
They can try and watch there fate @@sohebrehman5967
This judgement is big slap to Congress party, who misused majority for changing constitution.
Dumbo what changed constitution
No this judgement is a big slap on BJP. This judgement says that the 1986 Act is just another option to seek maintenance and the divorced woman has right to seek maintenance under old law or new law or under both laws.
@@rajshekhar1147 don't misguide the judgment clearly states that if she doesn't get enough Meher after iddat period from her husband she is at liberty to opt for 125 Cr.p.c which right was taken away by Rajiv Gandhi by enacting the law
@@Avinashm7 either u are a big fool or think everyone else is a fool😂😂
Anyways every congressi is like that, you are no exception. Typical "Jaahil"
@@rajshekhar1147😅🤣😂
It is a tragedy that we even have to discuss these things in courts in India. It is 2024 😅
Read quran...Muslim still lives in 6th century...if you don't beleive hit a like for an ostrich
Supreme Court took 38 years to settle on Section 125 Cr. P.C, though it was a uniform Section without religious discrimination.
@@satyasingal If the highest person in the hierarchy of power incites against a group in society, then what religious discrimination are you talking about?
Modi said
‘Those with more children’
During an election rally on April 21 in the western state of Rajasthan, Modi claimed that if the Congress party came to power, it would distribute the country’s wealth among Muslims. “When they were last in power, the Congress said that Muslims have the first right to the nation’s resources. What does that mean? If they come to power, that means they will collect all the wealth. And who will they give it to? Those who have more children. To infiltrators.”
Yogi one of 7 kids
Modi one of 6 kids
Advani one of 8 kids
Togadia one of 9kids
@@mohamedali2858 🤣🤣🤣since Modi is one of 6 kids why are you worried? shameless and pathetic to core.
@@mohamedali2858 I didn’t like
Modi’s speeches in the campaign for general elections. I had commented that the BJP will not get majority.
The more i learn about Rajeev Gandhi the worse it gets. What an ego trip this laadla was on
see his laadla, even bigger trips
He was a much bigger pappu than the current pappu. Its just that people of the times did not have this kind of awareness due to lack of technology and social media
Rajiv screwed Srilanka...he did muslim appeasment...and his Wife Nazi daughter forced PV narasimha rao to bring Waqf...pwct
Well "Khangress" led by Pappu, Kharge, Akhilesh, etc. must shout and do dharna in front of Supreme Court. Along with dynasty bootlicker
And that TMC lady shout also shout that how even court has become fascist because she only sees fascism everywhere.
Secularism for getting social benefits.
Sharia for escaping personal Responsibilities.
Did you mention that Rajiv Gandhi “amended the constitution” to overturn SC verdict in the Shah Bano case? The constitution which is so dear to the congress these days?
Maulana Rahul will say democracy is dead in supreme court
Maulana Rahul Khan
Bade bewaloof aadmi ho yarr .
LOL. He will also say save constitution from the Supreme court. How ironic.
@@thecomment9489 his father did the same thing 4 decade ago
Polygamy is still legal for muslim men in secular India. Let that sink in.😂😂
Also Halala , and fluid relationship
@@GoodCitizen-eh1id Polygamy is such a lovely idea. I wish all countries had this law.
Time for Waqf to get nullified.
It is a shame to have religion based laws in a secular country
Shame shame
…a secular country, where the prime minister also acts as prime pujaari!
I think in time Hindus will have to demand a separate country.
@@paulm.k.8740 when previous PMs put skull caps & attended EID were they pujaris too? or Indian PM hosting terrorist Yasin Malik?? religious fanatics like you are a curse to India
@@paulm.k.8740 A secular country where Waqf board(religious Intuition) hold 3rd highest land and real estate in nation
Polygamy should be next, if sc pass order that ban all kind polygamy will have more acceptance than govt bringing any such law
It was not secular law it was sickular law
Sad that even for such logical decisions BJP does not have the balls to pass legislation.😒😒😒 Always require Supreme Court to do their job
If giving rights to women makes people angry.. there is some clear introspection that needs to be done in Muslim community.
If u marry and girl wants divoce and takes ur half wealth as alimony is that fine ?
@@junaidbhat06if the girls wants divorce she can take half the earnings you have earned, not your parents. She has equal share of your earnings. Is that the reason why Muslims relegate girls to kitchen and not be earning so you can financially crush her?
@@junaidbhat06 point is that law should be same for everyone. You can't be treated differently because of religion. It causes social divide.
@@junaidbhat06there is different in muslim community that women cannot give divorce to men so muslim men should give half of his property and monthly allowance
@@junaidbhat06 That is in every western country you love to emigrate.
Muslims must accept this judgement and should not do what they have done during the Shahbano case. That was a terrible mistake.
That Shahbano case allowed BJP to become a party of 303 from a party of 2.
Ram Mandir Andolan was going for long and it would not have got that much attention of this were not done.
Muslims should think that those "500 rs" were the cause of those lyn_ching, big_otry and most importantly Modi is 3rd time PM bcz of this only.
Also, Rajiv Gandhi has done a terrible thing by coming under the influence of muslim clerics.
I don't think Sonia Gandhi will do this mistake and Congress will and should not oppose this judgement. They should remain silent on this and let court take this forward.
Rashid Alvi said sometime back that Sonia Gandhi told Rajiv about suppressing the judgement that "You are not able to convince me. How are you going to convince everyone else?".
Though I diasagree with your interpretations on BJP's rise and policies, I couldn't agree more on respecting judgements and rule of law.
We need bipartisan support on this and happy to see folks from Congressi side too recognising the need to uphold justice :)
Did Sonia reverser that "Rajiv stupidity" in her 10 years of rule? So how are you sure she was opposed to it? If she was opposed to it, she would have reversed it in her rule.
Na BJP's rise was for them being an outright better party than congress well mostly.
Muslim women must be thankful that Modi is in power.
Whether it is Congress or BJP it is always about Muslims getting a better deal in India. What about compensation for Kashmiri Pandits??
Through various cases SC should force Islam to much needed reforms in a Modern Era like Hinduism went through so much reforms in the past. Specially Gender Equality ( for men & women both)
@@Xen-wy6bo Islam fought against the Sasanian Persian Empire, the Eastern Roman Empire, Byzantium, the Western Holy Roman Empire, the Tartar Mongols, the African Ghanaian, the Abyssinian Empire, the Indian Goeta, the Austro-Hungarian, the Serbian, the Russian Caesarean, the English, the French, the Castilian Spanish, the Portuguese, the Dutch of Orange, the Crusader Alliance, the Vikings, the (Fatimid) slave state, the Qarmatian , the Visigothic kingdom, the fascist Italian empire...etc.
And many others, and there is still an idiot who thinks that he will reform & destroy Islam & thinks that it’s history is shallow .and The high rate of rape in Delhi is evidence of gender inequality.
Yes. I agree. That's the only way since the muslims are so reluctant to accept any change in islam. Such blind adherence to a book is going to be detrimental for them.
Totally agree with you.
@@niharikakhare8763 Do you accept that some Muslim judges reformulate your religion? Are you aware of what you agree to?
4 wives 😂😂karonaa aab... Abdul crying 😂 of 4 Shadi kaisey karengey😅
Ek baat bata. Tumlog Auraton ko haq milane se khush hota hai ya fir muslim mardon se wo sab chheen jaata hai, jo tumlog nahin kar skat, usase?
Waise thoda padh likh le. 4 wife agar ish judgement se pahale wo rakh skate the to abhi v rakh skate hain.
Matlab kuchh samjhana nahin hai, bas Dialogue maar dena hai.
Now Muslim Marriage act is practically useless Lol Lol😂
@@HistoryOfBharatyou are in India not Pakistan
@@ChandranPrema123 Tum Pakistan me hai kya?
kyon payal, gauri, kareena, sonakshi, sharmila kama hain kya. paise ke liye to koi bhi kafir laundiya khol deti hai.
Today there will be no protests by Muslims against this judgement. Times have changed since Rajiv Gandhi threw Muslim women under the bus. This is the change for modernity that Modi has brought among Muslims.
What will Pappu , his 99 associates and the holy alliance of conveniences do with 99 page SC verdict of the Hon. Court.. Now he has to open his mouth on this as also as to how his father had galvanise the sectarian votes in his favour.
Bharath Muslims should respect courts and Constitution ; Any grievances to be taken up with courts only and not in the streets ; Rahul khan may instigate street protests ;
Please understand that when the muslims consider islam as higher over Bharat, there are no Bharat muslims, only muslims and they dont respect Bharat, and never have.
Rahul Khan 🤣🤣🤣🤣🤣🤣 His party was also involved in thirst state sponsored pogroms against the Sikhs as well. That was probably the first such situation in any part of Asia.
It is time Congress leaves muslim appeasement policy and address all community's issues...
Not happening it's their core vote base it's modi who should stop muslim outreach and treat everyone equally with more focus on his own core vote base of he wants bjp to go past 300 in 2029.
@@swapneelbehera260 Modi maynot complete a year in office.. As per current trends. It's my opinion.. no bias
They should definitely promote compulsory education.
@@joshuacherian6718 well I know for a fact you are/will be proven wrong no bias.
@@swapneelbehera260 Lets see..
RG was spine less m community lover so could not see female issues rather shows back to all womens in that community
"Modi Govt needs to act on this God sent opportunity and reverse the Rajiv Gandhi Law and implement at least some form of uniform civil code."
Bar dancer party and German shepherd applying Burnol and trying to picture this verdict as anti Muslim 😂
why the fuck the Supreme Court not scrapped this law 1986 section 125 instead of giving judgment overriding the law.
Supreme Court ki fhati hai ?
Shah Bano ji might got "Shanti" Today 💐💐
Overturning the Shah Bano judgment by Congress led directly to Ram Janmabhoomi movement.
Why did the supreme court not strike down the new law in 1986, as it's against basic human rights.
Because in India if a law is made in parliament then it cannot be overruled. This is my understanding of how our constitution works.
@@thecomment9489 , as far as I understand, after the parliament passes a law, it goes for supreme court approval.
They also see political climate before passing laws. See all landmark judgements and the governments in power at that time. So much for sanctity of supreme court.
This law isn't against constitution.Same way the different age of marriage isn't.
Basic human right is different and marriage protection right different.
Rajiv Gandhi's decision was a mistake. UCC is the need of the hour for Indian Muslims. Any religion can not be unchanging over time. A religion and religious law is not supposed to pander to a few fanatics at the cost of the masses.
Parliament must reverse every unconstitutional law imposed by the accursed Nehru family.
Congress and muslims are that husband and wife who fight but go back to each other during elections
Nazma Heptulah might now support UCC today for her benefit and try to sound modern.
People, both Hindus and Muslimz should understand this.
Now the irony is, both Nazma and Aarif mohmmad Khan are in BJP.
Only person who has moral right is, Arif Mohammad Khan, not other muslim leaders.
Rahul & Congress should
come out and support the judgement in letter and spirit.
Let's be honest.
His constitution saving is only selective.
Bad it sounds..but Rajiv Gandhi removal was a blessing in disguise for this country.
Raniv forgotten humanity for vote bank politics!? With out compensation by throwing shabanu on road on society!? At the damd time disrespected SC judgement and Constitution with his majority amending!?
Uniform Civil Code now🔥🔥🔥
It took SC ,40 years to overrule a bad law. That means judiciary needs executive support to arrive to even righteous judgement.which is currently it has for this judgement.
So does judiciary really free in india. I dont think so
Finally SC got the guts to make the right judgement
Government should always do the right thing and not worry about a community. Many reforms in Hindu society were done and people finally realise the benefit of progressive reforms. Although I don’t have hope for a particular community
If Muslim party congress were in power they would have declined this SC judgement just like rahul khan's father
Mistake was by shahbano or the so many women affected not to challenge the illegal RG act
Good job supreme court
4:48 muslim marriage is a contract. 👍
Congress always acted in the most selfish and shortsighted manner of governance when ever in power. A progressive and humanely liberal way of life was never envisaged in any of their leaders thought process.
Rajiv Gandhi did 400 par during 80s and passed Shah Bano act 😂. Power of 400 par sarkar.
Great judgement. Opens the way for a UCC which should be done right away. Would be interesting to read Shekhar’s cover story in 1986 given is extreme leftist views and being a Congress stooge.
Law should be blind to caste, religion and race. Good step forward.
Mr. Sekhar Gupta, Are you really pleased by the present judgement.?
BJP don't believe in Secularism, if they believe in Secular value, than they should reverse this decision like my father: Rahul Gandhi
Shekharuddin Qadri
Maulana's are very sad by this Supreme court ruling and Many Muslims dream to do polygamy has been shattered completely.
ucc is coming !!
If the Supreme Court can blunt Rajiv Gandhi's '86 act now, why couldn't it do so then?
It is shame that why some called Rajiv Gandhi as a modern man who brought computer in India. But he was junjlee..
He was not modern but man living in medival times..
Congress took each decision in favour of muslim vote bank....
Congress party is a termite to indian democracy
Even to this date there is not one single person in the royal family who can speak the most spoken language of the country perfectly. They all speak as if some foreigner trying to speak Hindi. And they claim to represent the country.
You are disrespecting the termite !
Pappu's father will again change......
WTF
We understand your loyalty toward INC. So other important issues we confident that you will take this issue.
Rajeev was in the forefront and was actively backed by our Chameleon Communists ( Jyoti Basu, Surajit & Co.), blunt Socialists (Lalu- Mulayam & Co.) and the likes. Shame in all of them. Modi Ji certainly don't initiate that mischievous STUPIDITY.
Maulana Gupta ji 😂
Muslims: we want secularism, just not for us 😂
I don't think this was enough. SC should have set an example out of Rajiv Gandhi to prevent any future PM from overturning SC order for political gain. I know u shouldn't talk bad about dead and especially a man who dies for the country but still, u cannot KILL DEMOCRACY like this by overturning a JUST ruling of SC
For Congress Vote first Country Later 😢
For Congress Vote first Country NEVER
The judgement is good but what about a working woman giving divorce to her husband? In this case, will the husband be eligible for alimony too? Or is it just a one way traffic?
Well yes in modern times this should be given a thought.
I thought India was in a secular country. What is this muslim law?
If pak upgrade it and we fail to do it for votes..kangress did gross injustices to the nation and community..shame..shame
Such a great explanation of such complex issue. Let’s see if govt wakes up and removes this law :)
Fascist government
Please stop referring Ram Mohan Roy as hindu reformist. He was a christian missionary for the unitarian church
This is how congress differentiate BJP,
Once in power congress go against suprim court order and make law to favour their vote bank, on the pther hand BJP forgets their vote bank and work for those who distamced BJP in the election
If the law passed by Shri Rajive Gandhi still exists how Supreme Court pass a contradictory judgement ? They are supposed to work within the ambit of the law
This judgement didn't contradict that law. It says the choice is with the woman because Rajiv Gandhi's law DID NOT MAKE IT EXCLUSIVE. Nowhere is it given in the Shah Bano law that the muslim law CANNOT use another recourse and have to follow ONLY their own religious personal law.
Also, CONSTITUTION being the king in law, Rajiv Gandhi's law violates the fundamental rights because ALL citizens are equal before the constitution and hence, one citizen CANNOT be deprived of his fundamental rights because he follows a particular religion.
So, ultimately, if a muslim wants to remain within the purview of his personal laws, Rajiv Gandhi's law permits him BUT if he decides that his personal law is unfair, by the above two reasons, he can approach the courts.
And anyway, it is hypocritical for muslims to claim Sharia law for civic issues but Constitutional law for criminal issues and then cry when Afzal Guru or Kasab are hanged after due process of law under Constitution.
If they were under criminal Sharia law, a lot of taxpayer's money would have been saved.
Also, hypocritical that temples pay gst AND INCOME TAX but Waqf board does not and the whole population has been subsidising the haj since independence, even though the religious rule is clear that a muslim has to do Haj atleast ONCE in his lifetime and that WITH HIS OWN EARNINGS.
My lab technician is preparing to go for the 3rd time and he is only 48 years old. And he received subsidy the previous two times. AND SURPRISE, HE CLAIMS HE DOESN'T KNOW HIS TRIP IS SUBSIDISED. ALSO, HE CLAIMS MUSLIMS DON'T HAVE RESERVATIONS WHEN OUR STATE HAS THEM UNDER BC-E CATEGORY SINCE ATLEAST 15 YEARS. And he doesn't pay IT despite his father having been a government employee.
You get what I am saying? One narrative in private for fellow muslims of the Quam and another narrative for the gullible worthless Kafirs.
If that is not lying & cheating, then those who believe so are psychopaths.
He is crying. But why? Something good is finally happening for Muslim women. It’s time the clergy and Muslim men stop harassing their women under rhetorical name of religion.
Why is Shekhar Gupta twisting the facts about the alimony amount. Shahbano went to SC for the alimony amount of Rs 171.20 per month. Sekar made it Rs 500/month. It is unfathomable why he can’t lay the facts correctly.
I doubt if this will see usage from them. Even Muslim women like the way they are treated😅😅😅
I remember the case but do not remember the quotes you now refer. We blamed the "kitchen cabinet" of Rajiv, like the one his mother was maintaining. Rajiv was scared to face the crowd and explain his views one on one.
Now shouldn't that law be scrapped? After all it was a politically influenced law.
Guptaji,what about the abondant women's right to get maintance? This should be implimented in such cases also,if there is such provision,why Modiji is not paying maintenance to m/s Yasoda Ben?
Shekhar Gupta ji, by your narration, you contradict your own convictions in various write ups and videos that Muslims Vote is a myth and they don't vote unitedly. You are now convinced that Muslim votes consolidate. Needless to add, that there is need to consolidate Hindu votes and you journalists should not criticize parties that canvass on religious lines
Shekhar Gu jis narrative keeps changing as per the propaganda he is doing.
Look at Shekhar weighing each word while speaking, unlike his free flowing opinions & criticisms when it comes to Hindu matters. 😂
Muslims do not like amending Muslim personal laws . why Muslims accept RAJEEV Gandhi's amendment of law against shara Banu case.
because secularism prevails only when it is against women.
400 plus seats and rajiv decided to do this😢😢😢😢
Rahulji should start a movement with Dhruvji’s help across the world
Why does a secular india have a seperate muslim personnel law its very difficult to understand
This guy agonises himself animating with his presentation.😅
at last the supreme court has corrected political misconduct of Congress and pseudo secular drama. Muslim personal law as it is interpreted by section of people will be rationalized soon. The shameless opposition of UCC is not going to deter the present government from this fundamental issue even when leftist and opportunist opposition will continue to oppose it. It requires guts to adhere to commitment irrespective of electorate impact. ALL local and international opponent of Modi and BJP will continue to push their illogical narrative but now they too know that it is not going to work
When woman claim equality to men & the law gives them the same right, why is the onus of maintenance only on men. This is a discrimatory law biased against men.
Baat to sahi hai, phir husband ko bhi wife ka surname lagana chahiye shaadi ke baad, Bachho ke pichhe Mummy ka naam lagna chahiye in place of father's name and surname, husband should move in sasural after marriage, Ghar mai cooking bhi karni padegi 😅😅😅
@@dev7155g What weird logic. Take your feminism to family courts & see how men are being discriminated against. Bet you have no problem with that.
Is it not that SC wish to open a window to UCC in a way?
The purpose of Iddat is to make sure that the woman is NOT already pregnant from the deceased or divorced husband.
Thankfully muslim veto no longer works in india🙏
Hats off Shekar ji for beautifullly summing up 40 years of history in under 20mins.
What amused me was the comment of justice MH Beg that you quoted, and in contrast those of Najma Heptulla, a smart lady politician of her times, taking a conservative view. This makes me wonder what our most beloved Prez Abdul Kalam Sir must have thought about the infamous Shah Bano Law, then.
Lastly, kudos to the SC for this landmark judgement, which is a harbinger of Uniform Civil Code (like they have in Turkey).
JUst one religion ..
Alimony and dowry should be illegal. This is era of equality.
Alimony is needed. Dowry not.
@@tushar_ranjan7 y if u get divoce and ur wife takes ur wealth y
Personal laws cannot be used as an excuse to deny the fundamental rights bestowed upon us by the constitution. India is a complex society but women cannot be forced to accept norms of a patriarchal dominance written by religious morals.
Aate hi honge poojya pappu ji, isko bhi condemn krne...😂
Excellent, Shekhar ji