New Delhi: A Muslim women’s group on Tuesday opposed attempts to impose a uniform civil code but said “a gender just reform” was needed in the Muslim personal law.
Any move to introduce a uniform civil code without taking into account the constitutional guarantee of freedom of religion would be wrong, the Bharatiya Muslim Mahila Andolan said.
“Article 25 the constitution gives the right to all, including minorities, to have personal laws based on respective tenets of different religious communities,” the group said in a statement.
“Under this provision, we demand a gender just reform in the Muslim personal law based on the Quranic values of equality and justice, in line with article 25 of the constitution.”
The group pointed out that the Supreme Court observation on the need to bring about a gender just legal framework was not aimed at imposing anything on different communities.
“As per the BJP manifesto, the NDA government wants to impose a family law on all communities with the intention of national integration,” it said.
“It is important to point out that national integration cannot happen by a common family law but by treating all citizens equally.
“There can be no imposition of any kind as this would impinge on the religious freedom and secularism principles enshrined in the constitution. Nor would different socio-religious communities accept this.
“Like all religious majority and minority community in India, Muslims must also have a codified Muslim personal law based on its religious text.
“Just as there is a Hindu Marriage Act for Hindus, just as there is a Indian Christian Marriage Act for Christians, just as there is a Parsi Marriage and Divorce (Amendment) Act for the Parsis, Muslims too should have an amended Shariat Application Act to ensure a law for the Muslim community which is in consonance with the Islamic and constitutional values of justice and equality.”
The group said the recent targeted violence on minorites “have led to an atmosphere of insecurity and deep sense of fear within the Muslim community and amongst all minorities.
“Any talk of a uniform civil code is only adding to the strongly felt sense of hurt and alienation.
“This atmosphere of intimidation does not help the cause of women’s demand for justice at all.
“It appears that for the fringe right-wing groups, uniform civil code is another stick to beat the community with,” the group said.
You read with a mixture of alarm and scepticism, the poll report by the London-based Thomson Reuters Foundation that India is the most dangerous country in the world for women, beating Afghanistan, Syria, Somalia, Saudi Arabia and Pakistan.
According to reports, a total of 548 global experts on women’s issues — 43 of them from India — were asked about risks faced by women in six areas: healthcare, access to economic resources and discrimination, customary practices, sexual violence, nonsexual violence, and human trafficking. And shockingly, India comes out as the worst!
We see women progressing in every field in India, but, there is also the increasing violence against women and young girls reported every day; not long ago, female tourists felt safe in India; but now, women travelling solo are constantly targeted. Everyday there are reports of the rapes and murders of minor girls, often accompanied by unimaginable torture and mutilation.
There has been outrage in India, and also holes punctured in the survey that has such a small number of respondents, but can we really take an ostrich approach to the condition of women? Even as education and healthcare improve for women — at least in metro cities — the contempt for women is socially and culturally ingrained in the Indian psyche. In a city like Mumbai considered progressive and relatively safe for women, the girl child is unwanted even by many educated and wealthy families. In spite of laws being in place, female foeticide and infanticide is rampant, to the extent that there are large territories where there are no girl children and brides for the men have to be ‘imported’ from other states. As dowry murders and rapes rise, the more unwanted the girl child becomes. The fact is that India’s gender ratio is deplorable.
And if the male child is valued over the girl child, he grows up believing that he is special and if he is thwarted in any way, he can resort to violence. In spite of education and exposure to progressive ideas, in the case of rape or sexual violence, the tendency to blame and shame the victim persists.
To give just one small example, in the West, accusations of sexual harassment resulted in united shunning of a man as powerful as Harvey Weinstein and many others in the wake of the #MeToo movement, that helped many women speak out about their experiences.
In India, Malayalam actor Dileep, who has been accused in the abduction and rape of an actress, and was boycotted by the Association of Malayalam Movie Artistes (AMMA), was recently reinstated. This caused shock and dismay among women in the film industry.
A statement by a group of over 150 women film practitioners says it like it is, “A body that is meant to represent artistes of the Malayalam movie industry showed complete disregard for its own member who is the victim of this gross crime. Even before the case has reached its conclusion, AMMA has chosen to validate a person accused of a very serious crime against a colleague. We condemn this cavalier attitude by artistes against women artistes who are working alongside them. There is misogyny and gender discrimination embedded in this action.
“We admired and supported the Women in Cinema Collective that was formed by women film artistes in Kerala in the aftermath of the abduction and molestation of a colleague, a top star in the industry. We applaud the WCC members who have walked out of AMMA to protest the chairman’s invitation to reinstate the accused. We pledge our continued support to the Women in Cinema Collective who are blazing a trail to battle sexism in the film industry.
“Cinema is an art form that can challenge deeply entrenched violence and discrimination in society. It is distressing to see an industry that stands amongst the best in the country and has even made a mark in world cinema choose to shy away from using their position and their medium responsibly at this important moment. Today, women form a significant part of the film and media industries, we reject any attempt at silencing us and making us invisible.”
The preference for male children has had some unexpected ramifications. In a working paper published by the American non-profit, National Bureau of Economic Research, by Northwestern University’s Seema Jayachandran and Harvard University’s Rohini Pande (quoted in Quartz Media), finds that stunting in Indian children could also be blamed on the cultural preference for sons.
“In India, on average, the first child — if he is a son — doesn’t suffer from stunting. But, if the first — and so the eldest — child of the family is a girl, she suffers from a height deficit. And, then, if the second child is a boy, and hence the eldest son of the family, he will not be stunted. This happens because of an unequal allocation of resources to the first child”.
According to the report, “When Jayachandran and Pande compared India and Africa results through this lens, they found that the Indian first and eldest son tends to be taller than an African firstborn. If the eldest child of the family is a girl, and a son is born next, the son will still be taller in India than Africa. For girls, however, the India-Africa height deficit is large. It is the largest for daughters with no older brothers, probably because repeated attempts to have a son takes a beating on the growth of the girls.”
In spite of all the Beti Padhao, Beti Bachao rhetoric, the required shift in the male-centric attitude towards a more egalitarian one is simply not happening; or, it is a case of one step forward, two steps backward. The Thomson Reuters Foundation report may be unfair and skewed, but being known as the rape capital of the world does nothing to improve the image of India in the world or even in its own eyes. (IANS)