Political Diary
New
Delhi, 2 January 2018
Game Changing Act
MUSLIM WOMEN
UNSHACKLED
By Poonam I Kaushish
Circa 1985: A five-member Constitution Bench
of the Supreme Court overruled the Muslim Personal Law in the famous Shah
Bano case thereby allowing a divorced Muslim woman maintenance from her
husband.
Circa 1986: Then Congress Prime Minister
Rajiv Gandhi got cold feet deciding to curry favour with the Muslims and got
Parliament to pass the Muslim Women (Protection of Rights on Divorce) Act which
reinforced denial by the Muslim Personal Law of any maintenance to divorced
women.
Circa
2017: History was made when the Lok Sabha passed The Muslim Women (Protection
of Rights on Marriage) Bill Thursday last whereby pronouncement of talaq-e-biddat by Muslim husbands would
be held as void and a “cognizable and non-bailable” offence with imprisonment
of upto three years and fine. It also provides for subsistence allowance from
the husband for the livelihood and daily supporting needs of the wife and dependent
children. The wife would also be entitled to the custody of minor children.
One
would have expected this legislation which had been hanging fire for over three
decades would be unanimously passed. Alas, that was not to be. Like Rajiv, son
Congress President Rahul Gandhi too got caught in “kintu, parantu” politics and chickened out, wanting the Bill to be
sent to the Standing Committee. But faced with an adamant Government he went
missing from the House when the Bill was passed.
Other
Opposition Parties too like the Trinimool, AIADMK, RJD and Left dittoed him but
preferred to err on the cautious side lest they be seen as hostage to Muslim
clergy and accused of being ‘pro-Muslim-anti-Hindu. And, stalling progressive
legislation to ensure justice for the Shah Banos, Shayara Banos, Imranas etc.
Pertinently, the Congress
did not even rally its ranks to press for votes on amendments moved by its MPs
while the Mamata brigade refused to participate in the debate. Any wonder that
the amendments got a maximum of four votes when the combined Opposition
strength is 150 MPs.
Predictably,
it was a lone AIMIM member who vehemently opposed the Bill alleging vested
interests out to demonize Muslim men and violated their fundamental rights.
It’s another matter, the MP did not move for a review of the Supreme Court
judgment striking triple talaq as
“unconstitutional” in August. As it
stands already 100 talaq-e-biddat cases
have inundated various courts.
Blaming
the Muslim clergy for being obscurantist and raising the bogey of “Islam khatre mein hai”, the Government
quoted from the Qur’an to show how the Holy Book had given equal rights to
women and how the All India Muslim Personal Law Board was trying to curtail its
spirit. Adding, nothing was in danger except the dominance of some Muslim men.
Surprisingly,
even educated and liberal Muslims have chosen to either oppose the legislation or
remain silent. Are they not aware that many Islamic countries have codified and
reformed the Muslim Personal Law to check its abuse? In fact, as many as 22
Islamic nations had chosen to regulate triple
talaq with penal provisions, codified and reformed the Muslim Personal Law
to check its abuse. Polygamy has been banned in Indonesia, Malaysia,
Bangladesh, Syria, Tunisia, Morocco, Iran and even Pakistan.
Undeniably,
the legislation is a game changer which will have rippling effects for times to
come. Not only will it unshackle 21 Century Muslim women trapped in archaic
medieval Personal Laws but also give them a leg up to equality before law and
protection against discrimination on the basis of her gender by underscoring
Islamic feminism as modern.
Specially
against the shocking backdrop of divorce rates being higher among Muslim women
than men. Analysis of the 2011 census shows that Muslim women’s divorce rate
(rate of divorce is calculated as a percentage of the married population for
that category) is 3.53 in contrast to 1.96 for women of all religions. Also,
there are 3.7 Muslim women (2,12,074) for 1 Muslim man (57,535) who reported
being divorced.
Moreover, analysis
for 5 States where the Muslims share in the population is higher than the
Indian average of 14%, indicates that Muslim women’s divorce rate outstrips
those of women from all religions by a wide
margin. UP, Jharkhand and Bihar have higher divorce rates among Muslims than
among Hindus. This is all the more astonishing since these States overall have
the lowest divorce rates, while J&K, West Bengal and Kerala generally have
some of the highest marital dissolution rates.
Besides,
not a few have criticized the Bill for being prejudiced against a Muslim
husband whereby he could be prosecuted without his wife’s consent for
pronouncing triple talaq, unlike a
Hindu man who rapes his wife while they are separated but cannot be prosecuted
unless his estranged wife agrees. This anomaly needs to be amended, they
contend.
Some
find the Bill flawed saying that if the proposed law makes the practice of
instant triple talaq illegal and
void, how could a person be jailed for pronouncing 'talaq-e-biddat'?. Others allege that through this legislation the
Government was trying to bring in a Uniform Civil Code from the back door.
Regrettably,
over the years deliberate distortions of religion to suit narrow personal and
political ends have vitiated the country, which shamelessly, has everything to
do with vote-bank politics. Whereby, Ram and Rahim have been reduced to
election cut-outs.
Recall,
Dr. Ambedkar was unambiguous. According to him there was no connection between
religious and personal law in a civilized society. Pertinently, during the
Constituent Assembly debate on Article 35 (now 44) on November 3, 1948, he
observed: The Muslim Personal Law is not immutable and uniform throughout
India, contrary to what had been stated in amendments (moved by Muslim
members).
Reminding
all that up to 1935 the North West Frontier Province was not subject to the
Shariat Law, instead it followed the Hindu Law in succession and other matters.
So much so that it was only in 1939 that the Central Legislature abrogated the
application of Hindu Law to the Muslims of the North West Frontier Province and
applied the Shariat Law to them. In North Malabar, the Marumakkathayam Law, a
matriarchal form of law and not a patriarchal form of law is applicable.
As
things stand today, both Hindus and Muslims have lost sight of the essentials
of their respective religions and are largely misled by bigots and
fundamentalists. Worse, even the educated are speaking a language barely
distinguishable from that of Hindu-Muslim fundamentalists. Their stock answer
to every critique: Religion is in danger.
Conveniently
forgetting there is no mysticism in the secular character of a country. The
State in a true democracy is neither anti-God nor pro-God. It is expected to treat all religions and
people alike and ensure that no one is discriminated against on religious grounds. Ultimately, no one community should be
allowed the veto or block a progressive legislation.
Enlightened
opinion among the Muslims will then have a choice; be liberal and progressive
or remain obscurantist and backward. The Government has taken the first step by
freeing Muslim women from the vicious and humiliating tentacles of triple talaq. The next step is a uniform
civil code whereby India needs to be taken towards genuine secularism and
genuine national integration. What gives? ---INFA
(Copyright, India News and Feature Alliance)
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