CASE COMMENTARY- MOHD. AHMED KHAN V. SHAH BANO BEGUM, 1985

AUTHOR – AMAN, STUDENT AT ASIAN LAW COLLEGE

BEST CITATION – AMAN, CASE COMMENTARY- MOHD. AHMED KHAN V. SHAH BANO BEGUM, 1985, ILE LEX SPECULUM (ILE LS), 1 (1) OF 2023, PG. 536-539, APIS – 3920 – 0036 | ISBN – 978-81-964391-3-2

Abstract

The Indian Constitution incorporates provisions (Articles 14-18) that mandate equality and the absence of gender-based discrimination. However, certain laws, particularly within the personal laws of specific communities, appear to contradict these principles by perpetuating discriminatory clauses against women. The State’s primary focus is to protect the rights of all individuals, ensuring equal and fair treatment for every citizen. To achieve this goal, the government introduces laws, initiatives, and nationwide programs to safeguard and support women. The judiciary also plays a crucial role in promoting this cause through its interpretations of the law. Unfortunately, women from various religious backgrounds often experience discrimination and exploitation within their families and society. Thus, it becomes the State’s duty to shield women from such challenges, empowering them to enjoy equal status within society. Within the Muslim community, women frequently encounter issues like Triple Talaq and Maintenance.

Keyword: Constitution, Personal laws, Judiciary, discrimination, Gender