Under a Supreme Court directed public interest petition, the BJP-led Central government will have to articulate its stand within six weeks, on whether personal laws can override the constitutional provisions of equality, regardless of religion, race, caste and gender. This could pave the way for a uniform civil code or at least interpretations of law that are more equitable and just towards Muslim women.
The indignity suffered by Muslim women has been rising sharply in recent years as clerics are authenticating ex parte divorce through SMS, Skpe, Facebook and Whatsapp, ignoring the fact that technologies non-existent at the time of the Prophet cannot be considered ‘halal’ in Islamic law.
This is deplorable as the preferred formalities for divorce under Muslim law emphasise mediation, with time gaps for reconciliation, in the presence of a qazi. Instead, there is a deplorable modern trend to sunder the marriage bond via triple talaq which has become a scourge.
Fortunately, with Muslim women now organising to demand reforms, the social environment that inhibited the Courts and other communities from ‘interfering’ in the internal affairs of the community is changing.
Hopefully, we may soon see an end to the ignominious mindset that compelled the Rajiv Gandhi government to undo the modest alimony granted to Shah Bano with the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Worse was the shameless complicity that killed poor Gudiya, who, believing husband Arif was killed in the Kargil war, married her cousin, Taufiq, in 2003. She was pregnant when Arif suddenly returned from Pakistani imprisonment, and had to return to him under pressure from family and religious leaders, but died soon after giving birth, most likely from extreme mental trauma that caused multiple organ failure.
But the worst instance of atrocious interpretation of Islamic law concerns Imrana, a young mother of five, who was raped by her father-in-law in 2005, and ordered by the local panchayat and clerics to become his wife. The couple shunned this advice with quiet courage.
Mercifully, these cumulative instances of suffering by Muslim women have triggered the Supreme Court suo moto ordered filing of a PIL titled ‘Muslim Women’s Quest for Equality’. The petition was signed by Bharatiya Muslim Mahila Andolan (BMMA) that has led to action on part of the apex court. After submitting the petition, BMMA followed this up by sending a letter to the Prime Minister and his cabinet colleagues, demanding reform and dignity for Muslim women.
The court is now considering gender discrimination due to arbitrary divorce (triple talaq) and second marriage of husbands during currency of the first marriage. This is timely as recently, Muslim clerics forced the UP Government to withdraw a notification debarring Urdu teachers with two wives from state employment.
The debate is heating up as the court, on February 5, allowed the Jamiat Ulama-i-Hind to become a party to the case, and the All India Muslim Personal Law Board is likely to make a similar request. The JUH position is that the apex court cannot examine the constitutional validity of marriage, divorce and maintenance customs in Muslim personal law as these are based on the Holy Koran and do not fall within the purview of the expression ‘laws in force’ as mentioned in Article 13 of the Constitution, and hence their validity cannot be tested on a challenge based on Part III (guaranteeing fundamental rights, including right to equality) of the Constitution.
It is now up to the Centre to set the template for much needed reforms or interpretations that empower Muslim women to take greater control over their lives. Hitherto, in successive judgments, the Supreme Court has favoured a common civil code to end gender discrimination. Its challenge is to enforce Article 44 that envisages the Uniform Civil Code. Even Jamaat counsel Huzefa Ahmedi asserts that Parliament can override Muslim personal law that is otherwise protected by article 25 of the constitution. It is time to take the bull by the horns.
ABPLive.in, 9 February 2016
http://www.abplive.in/blog/modi-govt-must-seize-opportunity-and-bring-in-uniform-civil-code