Thursday September 20, 2018
Home Lead Story Triple Talaq:...

Triple Talaq: Are the concerns and efforts real?

It cannot be deied that BJP is outlawing triple talaq to gain political mileage both from sections of Muslim women and from those Hindus who will see it as Modi's distress over the sufferings of Muslim women and as a message to Muslims that the days when they were given excessive leeway by less assertive governments are now gone.

0
//
73
Triple Talaq continues to plague lives of Muslim women, VOA News
Triple Talaq continues to plague lives of Muslim women, VOA News
Republish
Reprint
  • Triple Talaq has been seen as way of BJP gaining popularity among Muslims, and not as a real concern for the distressed women of the community.
  • BJP leaders are often accused of Anti-Muslim statements, which further proves the point.
  • However, if the law is passed, it will be a step towards empowerment of the Muslim women.

Only the naive will believe that deep concern for the welfare of Muslim “sisters” and for the maintenance of the “dignity of women” and “gender equality” persuaded the Bharatiya Janata Party (BJP) to introduce the bill in parliament to ban the practice of triple talaq.

For a party whose founder in its previous incarnation, Syama Prasad Mookerjee, thought that only a civil war can solve the Hindu-Muslim problem, as Tripura’s Governor, Tathagata Roy of the BJP, reminded us recently, and a BJP candidate in the Gujarat elections sought a reduction in the numbers of “topi and dadhiwalas” (sartorial allusion to Muslims), it strains credulity to believe that it has been guided solely by laudable motives to put an end to an admittedly reprehensible custom.

The belief will persist, therefore, that it is a desire to “garner votes” which is behind the decision, notwithstanding Law Minister, Ravi Shankar Prasad’s disavowal of such an intention.

Few will deny, of course, that the practice itself is highly condemnable, not least because it is illegal even in Islamic countries. For a secular country, therefore, to allow it to prevail will point to a flawed outlook whose roots lie deep in the political calculations.

It cannot be gainsaid that the BJP is outlawing triple talaq to gain political mileage both from sections of Muslim women and from those Hindus who will see the proposed law, first, as an example of “brother” Modi’s distress over the sufferings of Muslim women and, secondly, as a message to Muslims in general that the days are gone when they were given excessive leeway by less assertive governments.

The “secular” rulers of the past, on the other hand, also thought that they will gain votes by pandering to the predilections of the obscurantists among the minorities.

The worst example of this regressive attitude was the Shah Bano episode, when the Rajiv Gandhi government negated a Supreme Court verdict in favour of alimony for a divorced Muslim woman on the advice of Muslim fundamentalists.

Shayara Bano case was one of the biggest milestone cases in history of India which intensified the previously buried matter. Wikipedia Common
Shayara Bano case was one of the biggest milestone cases in history of India which intensified the previously buried matter. Wikipedia Common

The BJP’s rise from the sidelines of politics to the mainstream, can be traced through that event in the mid-1980s. The Congress will have to tread carefully in deciding on its stance on the bill which has followed the Supreme Court’s recent declaration of triple talaq as unconstitutional in a case involving the litigant, Shayara Bano.

The difficulty for the Congress is that it has given secularism a bad name by making the concept virtually synonymous with minority appeasement. While the BJP will not mind being closely associated with Hinduism, the Congress has been trying to shed the impression that it has become “mussalmanon ki party” or a party of Muslims, as the Congress leader, Ashok Gehlot, has said, ever since the 2014 defeat made him aware of this unwelcome image, as the A.K. Antony report pointed out.

The triple talaq bill gives it an opportunity to refurbish its reputation by articulating a rational position on drafting the law, aiming at protecting Muslim women from cruel and whimsical divorces and at the same time ensuring that the legislation does not lead to a police witch-hunt targeting men. Since the bill has to still pass through the Rajya Sabha, Parliament’s upper house, there is ample scope for fine-tuning it for smoothing out the rough edges, the most egregious of which is to introduce an element of criminality in a civil legal procedure.

If the Congress and other “secular” parties play a leading role in ensuring that the new law will unequivocally serve the ends of justice where no one — neither the women, nor the men, nor the children of divorced parents — will suffer, then these parties will be able to retrieve much of their lost reputation about cynical kowtowing to bigots in the Muslim community and reassure the country in general that politics can rise above partisan and opportunistic considerations.

From this standpoint, the bill provides a golden opportunity to the secular outfits even if the BJP runs away with much of the credit for introducing it.

Outside of politics, what is noteworthy is the failure of the Muslims to deal with the problem on their own. But ever since partition robbed the community of bold, educated leaders and self-confidence by inducing the minority complex of being forever under siege under the numerically superior Hindus — unlike other minorities like Sikhs and Parsis who have retained their poise and self-belief — the Muslims have come under the retrogressive influence of the mullahs with the result that they have remained stuck in the past.

Not all Muslim have the freedom to do whatever they want. They are still in the clutches of Triple Talaq.
Not all Muslim have the freedom to do whatever they want. They are still in the clutches of Triple Talaq.

Triple talaq is one manifestation of such backwardness along with polygamy and the veiling of women as they reinforce the age-old patriarchal norms. Only a small section of upper middle class women — film stars and sports personnel being prominent among them — has been able to extricate themselves from the grasp of medievalism and enter the modern world. But the majority of the poor and lower middle class women have been denied the opportunity of advancement by orthodox Muslim society. The new law offers them a ray of hope. IANS Live

Click here for reuse options!
Copyright 2017 NewsGram

Next Story

What Would Be The Outcome Of The Judgement On Homosexuality With BJP At The Centre?

If parties like the BJP and "cultural" organisations like the RSS realise the value and motivation of such mindsets, they will desist from their present attempts to impose a straitjacket of their pseudo-religious identity on the nation.

0
Flag Of BJP, homosexuality
Ruling on gays: Is the BJP out of sync with modern realities? Flickr

More than the social impact of the Supreme Court’s judgment on homosexuality, what will be of concern to the ruling party at the Centre is its political fallout. Hence, the eloquent silence of the Bharatiya Janata Party (BJP) on the subject.

For the BJP and its ideological mentor, the Rashtriya Swayamsevak Sangh (RSS), any expansion of the concept of civil liberties is fraught with danger to their restrictive worldviews since a widening of human rights carries the prospect of greater individualism.

If the rights of the homosexuals to live without legal constraints are conceded, it can only encourage the people to free themselves of other restrictions as well such as on choosing live-in partners (of whatever sex) and eating, dressing and speaking as they please.

Homosexuality, India
SC decriminalises homosexuality, victory for gay rights. Pixabay

It is noteworthy that the verdict on gays has come close on the heels of the judgment which described the right to dissent as a “safety valve” which the government can only shut off at its peril lest there is an explosion.

Moreover, the court had also upheld not long ago the right to privacy which the government described as an “elitist” concept.

For the Hindu Right, as also for other religious fundamentalists, this dalliance with civil rights — the freedom to criticise the government, the exaltation of privacy and now the decriminalisation of homosexuality — entails a push towards liberalism and modernism which are anathema to any group which wants the society to be bound by shackles of orthodoxy and obscurantism.

It is ironic that although the Hindutva brotherhood speaks of decolonising the Indian mind, the two colonial laws which have long been its favourites are the section on homosexuality in the Indian Penal Code and on sedition.

Now that one of them is gone, there is little doubt that these closet followers of Britain’s 19th century politician Lord Macaulay — even as they decry the secular groups as “Macaulay’s children” — will hold on resolutely to the law on sedition as their only safeguard against the “anti-nationals” who, they believe, stalk the land.

Homosexuality
It is ironic that although the Hindutva brotherhood speaks of decolonising the Indian mind, the two colonial laws which have long been its favourites are the section on homosexuality in the Indian Penal Code and on sedition.
Wikimedia Commons

It is also possible that the saffronites will keep a hawk’s eye on any social problems that may arise because of the assertion of gay rights. As the BJP MP Subramanian Swamy has said, with eager anticipation, if a five-judge bench can overturn an earlier judgment in favour of criminalising homosexuality, a larger bench can undo the present verdict if gay bars begin to flourish and there is a rise in the cases of HIV (human immunodeficiency virus) infections.

Interestingly, what these judgments underline is how the judiciary is more attuned to the changing world than the elected representatives of the hoi polloi who often argue in favour of giving greater primacy to the legislature than the judiciary since they claim to represent the people while the judges are unelected denizens of an ivory tower.

However, one possible reason why MPs and MLAs, especially of the BJP, seem to be out of sync with the present-day world is the presence in their midst of a large number of criminal elements who can hardly be regarded as the most progressive sections of society.

For instance, of the 543 elected members of the Lok Sabha, of whom 186 have a criminal record, 63 belong to the BJP, followed by eight of the Shiv Sena, four of the Trinamool Congress and three each of the Congress and the AIADMK.

Homosexuality
Gay Pride Procession. Pixabay

What the Supreme Court judgment appears to have done is to persuade parties like the Congress, which usually hedges its bets lest it should fall on the wrong side of public opinion, to come out in the verdict’s favour, presumably because it senses that this judgment, more than any other, has become a touchstone in the matter of breaking out from the stranglehold of the past.

To distance a party from it, as the BJP is doing, will amount to virtually alienating the entire youth community. Even if a majority among them do not have homosexual instincts — according to official figures, there are 2.5 million gay people in India, but this may be an underestimate since, till now, it was unsafe for them to reveal their sexual orientation — the youths nevertheless see the ruling as an assertion of living life on one’s own terms and not be held hostage by the dictates of a society steeped in conservatism and of political parties which believe that their agenda can only advanced if the country is made forcibly to conform to khap panchayat-style social and cultural norms.

Also Read: Why JDU & BJP Coalition Will Remain Instant

To these youths, being or not being aware of homosexuality is of little consequence. What matters to them is to be able to make up their own minds and not be told by elders to abide by certain rules which are regarded as outdated by the younger generation.

If parties like the BJP and “cultural” organisations like the RSS realise the value and motivation of such mindsets, they will desist from their present attempts to impose a straitjacket of their pseudo-religious identity on the nation. (IANS)