It is the year 2022. As India prepares to take the global stage as an economic powerhouse to be reckoned with, one of the fastest-growing economies, a progressive country that broke free from the shackles of the colonial era 75 years ago, we are confronted with the dichotomy of misogynistic and regressive laws that continue to run and ruin the lives of many in this cherished country. One such collection of laws is the Muslim Personal Law. The British Raj’s Shariat Act of 1937 established what is currently known as Muslim Personal Law. For Muslims, this law governs marriage, divorce, inheritance, succession, and maintenance. There are various features of this law that are bothersome and, in some cases, illegal.
When a revised legal framework was being developed for Indians, by Indians, a retrograde statute like the Muslim Personal Law could and should have been repealed. However, given the dangerous political environment in the nation during Partition, this did not occur. Nonetheless, a clear provision was provided in the Constitution under Article 44, which calls for the creation of a Uniform Civil Code. Why it hasn’t been implemented all this time, even after 75 years of independence, is something the state has to look at.
The Muslim Personal Law legalizes regressive and sexist behaviors such as polygamy, which are prohibited in many Islamic nations. A list of nations where polygamy is still officially practiced is made up of Islamic countries. These are mostly those emerging economies that are stumbling down the economic road at a glacial pace. Why India should be on this list when it aspires to be one of the world’s most powerful countries is a question to which no Indian head of state has provided a clear response.
By permitting Muslim Personal Law to persist, the legal system demonstrates that it is selectively secular. If there are special laws for one group, let alone laws that violate women’s rights, there will be calls for laws for every other community as well. India is home to individuals from hundreds of sampradayas, faiths, and belief systems. However, all citizens are expected to be equal in front of the law – the renowned term ‘andha kanoon’ applies here.
Lawmakers and law enforcement cannot be put in the position of interpreting religion for the public — which varies considerably even within the same religion — and enforcing laws that further disfavor particular historically marginalized communities. The state has a chance to correct a historical injustice by repealing the Muslim Personal Law and instituting the Uniform Civil Code.
The role of the law is to preserve citizens’ rights, not to limit or infringe on them. When the law is used to excuse and conduct crimes, this is referred to as ‘lawfare’. When the law becomes a weapon of injustice, it loses its societal function. One such law is the Muslim Personal Law. It places India a century behind. There is no recourse or justice for the women who are trapped in a marriage where they are just objects. This is because the law allows Muslim men to marry more than one woman. It discriminates against Muslim women and restricts their ability to seek justice based solely on their religious identification. This form of law has no place in a progressive democracy like India.
Though there has been considerable discussion about the Uniform Civil Code and the abolition of the Muslim Personal Law, the truth remains that those Muslims who are already progressive and are not abusing the law to limit women’s rights would not object to its repeal. The rabble-rousers are usually people who are currently violating the law or seek to abuse it in order to mistreat women. At a time when the world is moving toward more gender equality in all aspects of life, the law should not only provide a place for gender equality but should also lead the trend.
The ire of sexist males cannot be used to justify the existence of this rule. The moment has come to eradicate patriarchy and promote more inclusivity in society in order for India to properly take its place as the world’s progressive and ascending economy.
Post Your Comments