The first time I came across the word secularism was in school and the meaning as I understood then was that a secular state is one that is the opposite of a theocratic state without a state religion, where all citizens were treated equally without any regard to their religion also that they did not need to disclose their religious identity in public for any purpose. In later years when I heard and read about Shah Bano case, I was pushed into a state of confusion; I could not comprehend the concept of majority and minority and how different people were treated differently.
Shah Bano case:
Later years of studying law gave me the opportunity to understand the facts and circumstances that surrounded the Shah Bano case. In a nutshell the case was about a 62 year old divorced Muslim woman from Madhya Pradesh, who claimed Maintenance of Rs. 500/- from her ex-husband under section 125 of Code of Criminal Procedure; the Code of Criminal Procedure is the criminal procedural law on India that applies to all citizens of this country without any exception. The matter reached the Supreme Court in some seven years and it was held that section 125 of Code of Criminal Procedure applies to everyone regardless of caste, creed, or religion and that Shah Bano should be paid maintenance.
This decision was welcomed by many but some felt that the Supreme Court was encroachment of the Muslim Personal Laws and protested. The Congress Government then led by Prime Minister Rajiv Gandhi played to the gallery and in the course of doing so made Arif Mohhamed Khan a scapegoat.
Contd........
in the posts that follow I would deal with the betrayal by Rajiv Gandhi and the subsequent appeasement measures that eventually lead to the Babri Masjid demoloition
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