Tag Archive for: Muslim Women

“Female Genital Mutilation: A millennial crime” in TOI Blog

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It is commonplace knowledge that Islam preaches circumcision, a form of male genital mutilation as a tenet and a sacrament of Islamic practices however little do people know about the equally practiced female genital mutilation.

Under the garb of sacrosanct religious diktats, the Dawoodi Bohra community is obstinate to continue the sublime horror of FGM (Female Genital mutilation) The Bohra high priest vehemently favours this custom, rendering religious justification for its continuation.

While in the West, actresses such as Gwyneth Paltrow, Ashley Judd, Jennifer Lawrence, Uma Thurman have actively engaged in the campaign ‘Me too’ A movement against sexual harassment and assault.

India is rather taking a snail’s pace in the domain. However, Actress Nusrat Bharucha (Pyar ka panchnama actress) who belongs to the Bohra community and whose mother had undergone FGM has filed a petition and speaks vociferously against the custom.

Also known as ‘Haraam ki boti’ in native parlance, it translates to ‘the source of sin’ thereby validating the removal of ‘unwanted skin’.
It is believed that partial or total removal of the external female genitalia will enable individual hygiene, coupled with societal stabilization through controlled female sexual act.

Clitoral mutilation is carried out in these communities, between infancy and adolescence. But the more odious part is that it is carried out by untrained midwives and self-proclaimed experts from amongst the elders in the community.

The usage of instruments such as common knives and blades point out to medical apathy. Looming large over dismal medical procedure is the aftermath of extreme pain, continual bleeding and infections, probable cyst formation, sexual disorders. And it doesn’t stop at that, in severe cases it could lead to childbirth complications, worst comes to worst, even death.

It is presumed to take away excessive libido, prevent unpleasant odor, and ironically reduce urinary infection. However there are no medical records to ascertain this claim, much to the contrary, World Health Organization (WHO) along with United Nations International Children’s Emergency Fund (UNICEF), United Nations Population Fund (UNPF) issued a joint statement against the FGM in 1997.

In December 2012, United Nations General Assembly (UNGA) came up with a resolution to eliminate FGM from the world. It has designated 6th February as the international day for Zero tolerance for FGM.

The sentiment is echoed by United Nations Convention on the Rights of the child (UNCRC) and the UN universal declaration of human rights, of which India is a signatory.

In the international arena, FGM is practiced in places such as Africa, South America and the Middle East. In the present day it has been banned in as far as 27 African countries, America, England, France and the general fervor seems to grow.

Closer home, a PIL has been filed, intervention applications are sprouting in the Supreme Court.

Justice D.Y. Chandrachud has taken cognizance of the clandestine act and regarded it to be a violation of the bodily integrity of the girl child. It was pointed out, why should anyone have the authority to access a girl’s private part, even if it is in the name of faith.

When the SC ascertained its stand, deeming it unacceptable, Congress politician and lawyer for the Bohra community, Abhishek Manu Singhvi claimed that the practice is a thousand year old custom, adding on he said that since only a small section of the foreskin is removed, women do not face any complications and it is not any different from male circumcision. He backed the argument with the Right to religious freedom under article 25 as a basic fundamental right.

Central government’s attorney general K. K. Venugopal threw light upon the difference in FGM and MGM stating as a matter of fact that while the MGM may have benefits however the FGM must be out and out banned, not only is it futile, in most cases it leads to further irreversible complications.

Early in 2016, about 50 FGM survivors launched a month-long campaign in Mumbai ‘Each one reach one’ where experiences and accounts of unfortunate victims are shared on the online portal by women across the world.

A number of women have come forward to show their displeasure and cry out against the nefarious act.

Since most of the victims are minors due to the age frame within which the act is conducted, it is also a violation of the POCSO act.

Earlier this year in February came out the first qualitative study on FGM titled ‘The clitoralhood – a contested sight’ released by Masooma Ranalvi whose network ‘We Speak Out’ is the largest survivor-led movement to end female circumcision.

Statistics that stand testimony to the abhorrent practice revealed that near about 75% of all daughters of the study sample were subjected to FGM, 97% remembered the pain inflicted on them, 33% categorically pointed out that the painful memory remained with them much after they grew up.

As there are 2 sides to one coin, so there exists a fraction of women in the community The Dawoodi Bohra Women’s association which is crying foul against the elimination of the practice.

It is noteworthy however that some women of the community have joined hands in fighting against Triple Talaq, Nikah halala, Polygamy, FGM. But the apathy of politicization of atrocities is a matter of concern. Orthodox members of the Muslim community have made it their manifesto to keep every wrong act alive. And those vouching for Muslim votes are favoring even these wrongs.

The SC verdict is eagerly awaited; however a greater challenge than the SC verdict is societal acceptance.

In order to see real changes manifest in the society, it is the people’s understanding of human rights, scientific hygiene standards and adjustment of moral compass that need to take the front seat. And bigger than that is the victims’ bravery for they alone have to fight out against the atrocities they are subjected to. They alone need to recognize their rights and fight for them.

“Triple Talaq Bill: Opposition’s double game will be counterproductive” in TOI Blog

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Biddat in talaq-e-bidat (triple talaq) means innovation, but in real sense it is no innovation but pervert distortion which is not even supported by Quran. Muslim men in India have used this ‘innovation’ to ruin the lives of women and they want it to continue the same way. Muslim Women (Protection of Rights on Marriage) Bill was introduced in the parliament by the Modi government not to interfere in the religious matters of Muslim community but to empower women by removing this distorted practice and punishing the culprits for their criminal act.

The bill was introduced for the mothers and sisters of our Muslim community, to uphold their dignity, respect and right to equality. There is no space for compromise in the instant talaq as it doesn’t leave any scope for that. This mindless practice allows Muslim men to terminate the marriage in a jiffy, leaving aggrieved woman with her children helpless and shelter less. So the only objective of this bill was, is and will be to stop talaq-e- bidat forever and provide succour to aggrieved Muslim women.

When marriage is solemnized in the presence of all the family members and friends then why triple talaq is given in a one-sided, secluded manner? This bill will strengthen the status of women and prevent their social and economic harassment. The opposition parties played double game on this issue in the parliament. They allowed the bill to pass smoothly in the Lok Sabha but taking advantage of their majority, created hurdles in the Rajya Sabha. They raised frivolous objections on the viability of the bill and tried hard to make the government bite the dust. Their clear intention was to appease fundamentalists whom they use as vote bank but little did they realize that their gimmicks would ultimately back-stab Muslim women and deprive them of long awaited justice.

When this practice was declared unconstitutional by the Supreme Court in view of the constitutional guarantees and rights given to Muslim women as equal citizens of India, it is not hard to understand why opposition parties are playing dirty politics over this issue. Thanks to their blind support for Islamic fundamentalists, this pervert practice is still continuing unabated. Recently, two more cases of instant divorce took place in Uttar Pradesh. In one of the cases, the woman was deserted because of skin colour and in the other, she was thrown out because she demanded money for the treatment of her daughter. Such uncouth treatment with women is simply shameful and unacceptable. How can a civilized society allow such blatant injustice?

Uttar Pradesh has become the first State to authenticate the Central government’s draft bill that makes triple talaq a cognizable and non-bailable offence. Under the draft law, triple talaq given by uttering, in writing or by electronic means such as email, SMS and WhatsApp — would be wrong or illegal and unconstitutional. The draft law, which provides for three-year imprisonment and a fine to a man trying to divorce his wife by uttering “talaq” three times, got the State government’s approval at a Cabinet meeting.

Politically motivated Muslim fundamentalists are attacking the Modi government for interfering in their religious matters but the fact remains that the proposed bill is not against their religion but the inhuman malpractice of triple talaq which according to Supreme Court infringes upon the fundamental rights of Muslim women. Whereas the Supreme Court declares triple talaq illegal, the bill provides the framework for the delivery of justice. When triple talaq is declared illegal by the Supreme Court, those who perpetrate such practice must be punished adequately and must provide compensation for their misdeeds.

Despite road block in the Rajya Sabha, the Modi government has expressed its 100% commitment towards this bill. If they really want to enact this law, they still have many options. The government can reintroduce it in the budget session after due consultation with the opposition parties. If the opposition parties try to vitiate the soul of the bill, then government can convene a joint parliamentary session to get it passed. Hope good sense will prevail on opposition parties this time and they will help government enact this historic law that empowers Muslim women.

“Uniform Civil Code: Drawing the line between religion and law” in TOI Blog

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Uniform Civil Code

Amendments have been made in all personal laws, except for Muslim Personal Law which until recently witnessed the Supreme Court’s historic verdict against instantaneous Triple Talaq (Talaq e biddat). As expected, some Muslim religious groups have come together to oppose the Supreme Court’s judgment stating that it interferes with their religion. Massive hullabaloo’s have been ensuing for decades due to religious and judicial discrimination, where do we draw the line?

The infamous Shah Bano case of 1985 was presented in front of a five judge bench, they unanimously decided to overturn the appeal and keep with the High Court’s decision to provide maintenance to 70 year old estranged wife Shah Bano. This decision caused uproar amongst orthodox Muslims who said “This is an attack on our personal law, this is an attack on our religion.” The fear wasn’t limited to one court case, but the subsequent fear of diminishing practices and rituals which they have been practicing in the name of Islam. The fear was overturned with a law which allowed maintenance to be paid only for the period of ‘iddat’. Wasn’t this religious appeasement taking precedence above human rights, above gender equality? It turned out to be a victory of religious groups, and failure of law.

The main conflict that personal laws face is the prejudice and upkeep of patriarchal norms which are in many cases unrelated to the religion that they have risen from. With the exception of Muslim Personal Law, all other personal laws are inching towards an egalitarian approach of treating women with the dignity and respect she deserves. There has come an understanding that maintenance is required by a dependent spouse, a majority of these cases are of women who are dependent on their husband. An understanding has also arisen in the form of changing divorce laws, domestic violence laws, and moreover property succession laws. From what can be seen now none of the religions of India whether it is Hinduism, Christianity, and Parsi’s are facing a threat to their existence. Each religious group celebrates special occasions with full zeal and in respect to their customs and practices, now it’s just done without gender inequality.

In the Supreme Court Talaq e biddat was termed by the opposing counsel as ‘sinful but legal’. Isn’t the word ‘sin’ enough in terms of religion to keep one away from an act that is reprehensible by God?

The question not only arises regarding the process of Talaq e biddat, but when a husband realizes that in a fit of anger he has made a mistake and the toil his now estranged wife has to go through. The aftermath is the horrifying and well known as ‘Niqaah halala’. These funny rules do not empower women, nor does it do justice to a relationship which with each hurdle diminishes the chance to be salvaged.

Whenever a religious group will come forward to take a stand against the Supreme Court’s decision I would like to remind them of the following reasons as to why talaq e biddat is unconstitutional, and an insult to women everywhere. Talaq e biddat doesn’t respect women, it is derogatory, it doesn’t allow a husband and wife to exit the union as they had entered it which is through an equal opportunity to make a sound decision, and it especially isn’t endorsed in religious documents with the vehemence with which its being fought for.

We are living in a progressive world, globally there are so many countries that does not accept Talaq e biddat as a legal method of having a divorce, India being a so called progressive nation is the one country which is lagging behind! Up till now this was done due to appeasement for votes, I hope and believe that the appeasement done henceforth will be based on moral integrity and will create gender justice.

Tag Archive for: Muslim Women