Morgan Institute for Human Rights

III. Essay and Discussion:

A. What should Prime Minister Rajiv Gandhi do after the Shah Bano decision?  Write an essay in support of one of the following positions:

1.     Stand by the Supreme Court decision to override Muslim law and award maintenance to Shah Bano.

2.     “Overthrow” the decision by changing the law: Support the new Muslim Women’s Bill, which would make Muslim personal law supreme in such cases.

3.     Come up with your own proposal.

B. In addition to the Shah Bano decision, Rajiv Gandhi could also decide to take a stand on  the broader debate between advocates of personal laws and proponents of a uniform civil code.  Building on your arguments in Part A, what should Prime Minister do regarding personal laws in general and why?

 1.     Take a stand on one side of the broader PL-UCC debate.  For example: Publicly advocate continuing and enforcing all personal laws. Announce the end date for personal laws and start developing the universal civil code.

2.     Advocate a compromise in the PL-UCC debate.  What are some possibilities?

3.     Take no public stance on the broader PL-UCC debate.

4.     Come up with your own proposal.