India:
Muslim Women’s Struggle for Justice
It is an irony of history that despite Islamic empires ruling over most parts of modern India for centuries altogether, the Muslims today stare at the bleak prospect of remaining at the margins of the Indian State for the foreseeable future. With the partition of the subcontinent in the 1940’s into India and Pakistan on the exit of British colonial administration, the Muslims were reduced to a neglected, minority group of 'second-class citizens' among the sea of Hindus in the 'secular', 'democratic' India. Majoritarian political mobilization, rising religion-based adverse discrimination, communal prejudices and other exclusionary biases, denial of fundamental rights and deprivation of basic entitlements are rampant in India today. So much so that astute political observers fear that 'Hindutva'- the political cry for ultra-'Hinduisation'- might bury India's composite culture and latent secular ethos in its majoritarian triumphalism. Muslim women in India, thus, suffer from multiple disadvantages. Their vulnerability is directly related to and arises from the unjust social order prevailing in the country: the political system and the governing elites have failed to bring about an egalitarian society for all of the people through appropriate interventions, including legal reforms and sustained commitment to the equal application of the laws. The traditional community leaders have also failed the Muslim women, they are unable or unwilling to ensure the basic rights and entitlements of the womenfolk in issue areas such as marriage and divorce, child care, family support and maintenance. Their failures are glaring and pronounced, given the impressive presence of a range of normative principles within the Qur'an and the Prophetic Traditions that address this vital area of family relations.
The patriarchal dimensions of the Indian society, including among the Muslims, often perpetuate a 'family and community order' that inherently subjugates and oppresses women. Husbands are thus increasingly utilizing 'technological means' and new communication devices to get rid of their solemn marital responsibilities. It is revolting that such men/husbands who neglect their Qur'anic duties on respecting the rights and entitlements of their former spouses on divorce, apparently enjoy legitimacy and community support, even as the Mullahs and Maulvis who constitute the community leadership, fail their vocation to stand by the victims, by their abject failure to insist on justice and fairness through internal reforms.India's imperfect democratic legal system, despite its structural biases and other inherent judicial inefficiencies, does offer the prospect of waging struggles for justice and reforms. This 'lawfare' possibility has in the past been invoked by spirited individuals, human rights activists and civil society movements to advance the cause of fairness and justice at multiple levels and scales in this diverse society. Of late, the Muslim women are organizing themselves to challenge the denial of rights in their every day lives. Former wives, abused and unfairly treated in marriage and out of it and are unjustly denied of their rights on divorce, are seeking to invoke the Qur'an and the national law in order to resist the male chauvinism and brinkmanship on display.
Reproduced below is an Article in the Indian newspaper, The Hindu, dated October 02, 2016. The article by Vaishna Roy chronicles the remarkable story of a social worker, Zakia Soman, and the women's organization she co- founded, Bharatiya Muslim Mahila Aandolan (Indian Muslim Women's Association) that is leading the legal struggle for banning certain unjust practices such as "Triple Talaq" that are being grossly misused by privileged men to neglect their legal responsibilities on divorce-matters.
A few rabid, patriarchal men were speaking on the community’s behalf. And they were talking rubbish. We felt the need to raise a voice.’
Bharatiya Muslim Mahila Aandolan turns 10. Feisty co-founder Zakia Soman describes the journey.
