Shayara Bano deserves a salute
Indian women are demonstrating that they can pave the way for social reforms on their own
Iurge those intent on perceiving instant triple talaq only as an issue about the rights of Muslim women, to look back at the history of India. I am sure they will find the answers to many of their questions there.
Let me begin with an example that predates both Christianity and Islam. When Chandragupta Maurya, born in an ordinary family, assumed power in 321 BC by unseating the Nanda dynasty, which force was at work? It wasn’t just the handiwork of Chanakya, who had arrived from faraway Taxila. Believing this theory will be a case of poetic sentimentality. Indian history is replete with examples of changes in government through the instrument of people’s power.
As far as social change is concerned, without going very far, let us begin by discussing sati. A vocal advocate for ending this regressive practice and launching a movement in this direction was Raja Ram Mohan Roy. His initiative couldn’t have been successful had he not got the backing of the Hindu majority. The British rulers were aware of the contradictions within our society. They were interested in everything that could divide Indians on caste, communal and parochial lines. Despite that they agreed to create a law to abolish the practice of sati since they realised that sooner or later, the majority of the Indian population was bound to boycott it.
The question is, is simply making a law enough to banish social ills?
No, the prevalence of the dowry system is living proof of this misconception. Despite an anti-dowry law existing for a long time, the heinous practice continues even today. And leading the battle against this social ill are not the guardians of our Constitution but ordinary women. You must have read that a number of brides have turned back the marriage parties of those grooms who were asking for dowry. Of late, in the past few months, we have also read reports where girls have refused to get married if the groom’s home did not have a toilet. Clearly, Indian women are demonstrating they are capable of paving the way for social reforms on their own.
A large number of women from the Muslim community, who publicly celebrated the verdict on instant triple talaq, are symbolic of this shift in mindset. During this time, we also saw a number of men who came out against the practice of triple talaq. Listening to the statement of a father on television made me emotional. He is the father of five daughters. Two of them are divorced and the other three are not finding suitors because their elder sisters’ marriages have broken down. Shayara Bano has emerged as a beacon of hope for such tormented women.
Even for those opposing the talaq verdict, our Constitution has the provision of a review petition. If even that is rejected, they can file a curative petition. I am not sure about the stand that the judiciary will take, but changes such as these are like a deluge – once they take shape it is impossible to control them.
Consider the examples of Bihar and UP. Within hours of the verdict being delivered, a case was filed in Kanpur against a former woman MLA and five others for deserting a woman and proclaiming triple talaq when the demand for dowry wasn’t met. Similarly Patna’s Atiya Fatima, whose doctor husband allegedly divorced her over the phone, has filed a police complaint against instant triple talaq. How many verdicts with such an immediate impact have you seen in the country?
Why don’t the few people still making uncharitable remarks about the verdict look at Pakistan and Bangladesh? These are Islamic nations. Pakistan divorced instant triple talaq in 1961 itself. Bangladesh hasn’t even bothered to adopt it since the country’s genesis. Clearly, these practices were nurtured thanks to the insecurities created by our politicians. The self-appointed custodians of religion supported them for selfish gains but the women of India have given them a reality check by winning the judicial battle. It is important to clarify that the first country to say no to instant triple talaq was Egypt. In 1929, after a few amendments, it was discarded. The 22 countries that have placed restrictions on it include many Muslim nations such as Turkey, Iran, Tunisia, Algeria and Malaysia. Although the verdict in India was delayed, but it was appropriate.
I salute women like Shayara and others trying to bring in social reforms in the country. Their juggernaut will be unstoppable now.