Protests have been growing from within the Muslim community, especially among women, to scrap the practices of triple talaq and polygamy. This demand is not a conspiracy by ‘outsiders’, as the AIMPlB and its supporters are now alleging
Self-appointed custodians of the Muslim community in India have been spooked by the Government of India’s stand in the Supreme Court, opposing the practice of triple talaq and polygamy. For them, the Modi Government’s position, and the statements that have come from senior Bharatiya Janata Party leaders, are straws in the wind. They are convinced that the Government is out to steal their community of its personal rights enshrined in the Constitution of India and (which) are part of their religious faith. They believe the assault on triple talaq and polygamy is only the beginning to dismantle the Muslim personal law and replace it with a common civil code. There are many flaws in their conviction, and they know it. Yet they peddle half-truths and outright lies, because those keep them in business.
The All India Muslim Personal law Board (AIMPlB) is in the forefront of the battle ranks to ensure that women of the community continue to suffer bias, are deprived of the protection they should get through provisions in the Constitution that provide for equality and non-discrimination, and remain at the mercy of the patriarchal set-up controlled and/or influenced by sundry clerics and Islamic experts. Since even the AIMPlB cannot brazenly say all this in so many words, it seeks to legitimise its regressive outlook by invoking Islamic tenets. This way, it hopes to kill two birds with one stone: Brand critics from within the community as un-Islamic; and, condemn those one from the outside the Islamic faith as communal-minded.
Rhetoric has played a stellar role in fanning passions and hardening positions. It has worked for the AIMPlB, and the others who have supported its dated beliefs for decades. But now, strong voices are being raised — and alarmingly for the fundamentalists, heard with attention and acted upon. Various women rights activists and individual victims of the practices have taken their fight to the courts. The clerics and the AIMPlB can no longer get away with religious garble. They are faced with a demanding audience, from within and outside, with some questioning the relevance of the AIMPlB — or at least its authority in deciding on behalf of a section of the Muslim community they never cared for.
The fact that protests are growing from within the community demolishes the argument that ‘outsiders’ (read, the BJP-led Government) are conspiring to undermine the personal laws of the community. Indeed, the All Indian Muslim Women Personal Board (AIMWPlB), along with women scholars of Islam and Muslim rights activists, are leading the demand to scrap triple talaq and polygamy.
The AIMPlB is so rattled that it has refused to cooperate with the law Commission of India in an exercise that is at best academic in nature: To gather material on the prospects of a uniform civil code for the country. At a Press conference on October 13, Kamal Farooqi, executive committee member of the AIMPlB, said, “The intention of the law Commission seems to be very clear and the kind of questionnaire they have prepared, a fair discussion was not possible. We do not want any change in our personal laws. Personal laws of Muslims are non-negotiable. We do not accept (any change proposed or to be proposed).”
The immediate cause of the unrest within the AIMPlB and certain community clerics is the Government of India’s statement before the apex court on October 7. While filing a petition in the court, the Government called the practice of triple talaq as “misplaced in a secular country”. In the affidavit it gave after the court directed it to do so, the Government unambiguously said, “The issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality.” It further said, “The fundamental question for determination by this court is whether, in a secular democracy, religion can be a reason to deny equal status and dignity available to women under the Constitution of India.”
Union Minister for law and Justice Ravi Shankar Prasad said, “Our stand on triple talaq, which we had to be spelt out in response to a query by the apex court, is precisely in accordance with the principles of gender justice, equality and dignity enshrined in the Constitution of India.”
The Constitution of India is supreme, and it believes in the ideals of justice, equality and freedom. It clearly mentions the rights of the minority community too. Gender equality is a must for any society to progress. One cannot curb an individual’s right to equality (enshrined in Article 14) in the name of religion. This holds true for the Muslim community as well as for other communities, including the Hindus. If the Modi Government stands by the Constitution on the issue, why should there be such hullabalooIJ
Triple talaq and uniform civil code are two separate issues. India is a diverse country with different communities and ethnic groups governed by their own personal laws. Yet, personal laws cannot claim supremacy over the rights granted to individuals by the Constitution. Even so, the implementation of a common civil code is not going to be easy. Stakeholders outside Parliament must come on board. later, Parliament itself will need to develop a consensus.
The demand for a common common code has come because it is being increasingly felt that personal laws have been unfair to women. There are many cases before the courts of women who have grievances on the issue of triple talaq, polygamy and even property rights. The clerics and the system that governs Muslim personal laws have failed to address them effectively, which is why the victims have approached the courts. Instead of casting aspersions on the Government, the AIMPlB must introspect on where it has gone wrong. Sadly, it is busy justifying stone-age practices in the name of religion.
Moreover, many Islamic countries, including Pakistan, Bangladesh, Morocco and Egypt, have banned triple talaq. This strengthens the position of those who believe that triple talaq has got nothing do with intrinsic practices of Islam. It renders the argument in favour of the gender-discriminatory practice, redundant.
(The writer is Assistant Editor, The Pioneer)