STATUS OF MUSLIM WOMEN
EFFORTS AT LAW REFORM AND
INVOLVEMENT IN FAMILY PLANNING IN MAHARASHTRA
Noorjehan Safia Niaz
J.S Apte
Abstract
The Muslim community forms a significant minority in the Indian
sub-continent with Muslim women constituting a population of nearly 7 crores.
Unlike the propaganda of appeasement, the community is most marginalized as
proved by the Sachar Report. Also due to multiple factors the community is
completely ghettoized and alienated.
The Muslim women cannot remain immune to the above developments and suffers
because of the triple burden of her class, community and gender. She thus faces
acute educational, social and economic hurdles in her path to living a
dignified life.
Muslim women’s struggle for a gender just Muslim personal law has
not been accorded priority. The law as practiced is extremely discriminatory
towards women and yet no efforts have been made by the traditional male
leadership of the community to constructively address this issue. The Muslim
women have taken the lead and have made some remarkable contribution and have
taken the debate on law reform at the next level. The formulation of an ideal
nikaahnama and the initiation in drafting an alternative gender just law are
some key advances made by the Muslim women. The Muslim women not just in Mumbai
but across the country have formed their associations and organizations to
address the concerns of the Muslim women and also highlight the larger issues
of the community thus taking on the leadership of the community.
The community has also been open receptors of family planning
programme as documented by voluntary agencies in Maharashtra
unlike the propaganda that the community is averse to any such interventions to
limit their family size.
The article highlights the efforts, initiatives and steps taken by
the Muslim women in addressing their concerns especially pertaining to law
reform and family planning thus challenging long held myths. The larger society
and the state must acknowledge these efforts and support them.
STATUS OF MUSLIM WOMEN
EFFORTS AT LAW REFORM AND
INVOLVEMENT IN FAMILY PLANNING IN MAHARASHTRA
The Muslim community and the Muslim women in India form a
significant minority, one being a single largest minority group and the other
being a minority within a minority. The Muslim community carries a double
burden of being labeled as ‘anti-national’ and ‘being appeased’ and also being
the most marginalized and the Muslim women suffers from the triple burden of
her class, community and gender.[1]
GENERAL STATUS OF THE
MUSLIM COMMUNITY IN INDIA
History
The challenges facing the Muslim community today have their roots in
the past and it is imperative to give a look behind to understand its present
circumstances. The 1857 mutiny was the beginning of the end of the Mughal era
and thus the end of Muslim rule. During the mutiny Bahadur Shah Zafar as the
last Mughal ruler saw the decline of the vast and well entrenched empire of 200
years. Since the British took over from the Mughals, they introduced policies
and procedures to consciously marginalize the groups from whom they were
usurping power. The economic policies of the British forced the Hindu and Muslim
to organize themselves on religious lines, ‘the Muslim interests therefore,
were directed at maintaining the exclusiveness, stemming their economic decline
and demanding concessions on that basis.’ [2]
Partition of the country led to loss of political power and decline
in the numerical strength of the Muslim community. The Muslims continued to use
religion as a mark of differentiation to preserve ones identity and through it
get the community together to get social, economic and political gains. This process
has been occurring in all communities but is most visible in the Muslims due to
historical reasons of partition and the resultant decline in the socio economic
status of the community. Also by not allowing discussion on her legal concerns
the community makes the Muslim women carry the responsibility of maintaining
this identity. Her issues have to be raised only if they do not question the
markers of this identity or if they do not show any ‘internal divisiveness’. [3].
Adding to the complexity of the circumstances facing the Muslim
community were the events which unfolded after the watershed budget of 1991. With
the collapse of the bipolar
world, India
too gave up the socialist agenda and announced its capitalistic intentions by
introducing Structural Adjustments which ushered in the era of open economy.
Rising simultaneously and perhaps linked were the powers of the conservative
forces within and outside the Muslim community and the widespread
communalisation of the Indian society and polity. With the demolition of the
Babri Masjid, genocide of Muslims in Gujrat, alienation of Muslim community in
India and the rise of terror groups in the name of Islam world wide has saddled
the community with a negative stereotype and complete alienation.
Demographic Data
The census of 2001[4] shows data based on religion in each state and
Union Territory. The purpose of this data was
to asses the progress made by different religious groups so that the state can
devise intervention strategy for improving their conditions. Out of the total
population of 102.8 crores the Hindus constitute 80.5% of the population and
the Muslims constitute 13.4% of the population. The Christians are 2.4 crores,
Sikhs 1.9 crores, Buddhists 79 lakhs, Jains 42 lakhs and others are 66 lakhs.
The population in the age group of 0 to 6 for the Muslim community stood at
18.3% against the Hindu’s 15.6% and the country average of 15.9%.
The male female
ratio in the Muslim community is 936 as compared to 931 of the Hindu community,
the national average being 931. The literacy rate among Hindus (65.1%) was
slightly better than the national average (64.8%). Among Muslims the literacy
rate is 59.1% which is below the national average. Literacy rate among the
females is 50.1%, below the national average of 53.7%. Slightly better is the
female literacy rate among the Hindus (53.2%), again below the national
average. The census has also given the gap in the literacy rate between the
female and the male. This is known as gender gap in literacy. The highest
gender gap was in the Hindu community at 23 points. The gender gap in literacy
rate among Muslims was 17.5. The lowest gap was amongst the Jains at 6.8
points. The combined point for all religions was 21.6 points.
The census also
gives data on economic activity for different religious groups. The proportion
of workers to total population i.e. the work participation rate amongst Muslims
is 31.3% with ‘others’ at 48.4%. Amongst the Hindus 33.1% were cultivators
whereas amongst the Muslim 20.7% were cultivators. The percentage of
agricultural laborers was 27.6% among the Hindus and 22% among the Muslims. An
important fact which has emerged in the 2001 data is that the percentage of
workers in household industries is the highest among the Muslims at 8.1% which
is much above than the national average for all communities at 4.2%. The
percentage of female workers in household industries was very high among the
Muslims at 19.3% which reflects their association with traditional home based
industries.
The Muslim community in India, as confirmed by the Justice
Sachar Report [5] is extremely marginalized on economic, social, educational
fronts. The reasons of backwardness being manifold suffice it to say, lies not
just with the community but also with the State which has not fulfilled its
responsibility. It shows that 31.1% of Muslims are
below the poverty line and less than 4% Muslims graduate from school.
The Report also highlights an unknown fact that caste hierarchies exist amongst
the Muslims. 60% of Muslim women are illiterate. Less than 17% of the Muslim
girls completed the minimum of 8 years of schooling and less than 10% finished
their higher secondary. 26% of the educated Muslim women have illiterate
husbands. Hardly any Muslim woman is aware of or able to access welfare
programmes and facilities that government provides. The community is perceived
as uneducated, parochial, rigid, extremely religious and conservative. These
perceptions only get more entrenched because of increasing social, economic,
physical ghettoisation of the community.
STATUS OF MUSLIM WOMEN
Demographic Data
The Sachar report very comprehensively captures the abysmal
conditions of the community and these conditions do not spare the Muslim women
as she being a minority within a minority is impacted by her religion, class
and gender. The Muslim women are more illiterate than their Hindu counterpart.
59% of them have never attended school. 26% of educated Muslim women them have
illiterate husband, which means low levels of male education and hence emphasis
on ceiling on girls education.
Less
than 10% have completed schooling suggesting strong link between low
socio-economic status and education. The majority of the girls are married off
at 16 and in some part of the country it is 4-5 years lesser than 18. The mean
age of first marriage is 13.9 in rural north. Less than 15% of Muslim women
report themselves to be working, which means low work participation in public
life. 2/3rd of Muslim women are self employed or engaged in home
based labour, occupationally they are in the informal sector, self employed in
the low paying, semi skilled home based work, casual labourers and domestic
workers. Reasons for low levels of work participation are low education, lack
of opportunities, low mobility, domestic responsibility and lack of skills. As
a result many Muslim women are not aware of government schemes. How will they
know of these schemes as less than 20% have access to media, more than 50% are
illiterate. Though common to other communities, 75% of Muslim women need their
husband’s permission to almost all activities. [6]
While the above conditions bog down the Muslim women even now, what
have been most controversial and crucial are the issues of family planning and
reform of the Muslim personal law. The right wing Hindutva groups have been
vociferously attacking the community on these very two issues and have poisoned
the minds of the vast majority. The well known myths are that Muslims do not
subscribe to family planning with the hidden agenda to proliferate its kind and
eventually take over the reins of the Indian sub-continent. The other myth is
that Islam is anti-women and its divine text is discriminatory towards women.
The community is also accused of being anti-national as it does not want a
uniform civil code which if implemented will lead to national integration. This
article will focus on these two issues and present a fresh perspective on them.
It will seek to question the myths and present the current status of the
community on these two very crucial issues.
LEGAL CONCERNS OF MUSLIM
WOMEN
History
Although the Indian sub continent was ruled by the Mughals no
attempt was made to enforce the shariah, as a result different sects and
sub-sects continued to follow their own versions of it. There are two main
sects amongst the Muslims; they are the Sunnis and the Shias. The sunnis are
further divided into 4 schools of jurisprudence that is the Hanafi, Shafi,
Hambali and Malliki. The Shias are further sub divided into Ismailis, Bohra,
Ishnaashari. The Bohras are further sub divided into Dawoodi, Sulaimani Bohra.
And thus it goes on into further sub sub-sects. Apart from this there are
regional groups like Memons, Malabaris, Qureshis’, Ansaris, Pathans, Halais
etc. Some of them are governed by their group/jamaat’s understanding and
interpretation of shariah. All interpretations have one thing in common and
that they are extremely patriarchal and always understand law to be on the side
of the man. This heterogeneous community was never ever united under one
shariah, neither in the times of Mughal and nor in the 21st century.
And yet this shariah was evoked to mark the community differently from others
and to deny women her rights either by not implementing the shariah or denying
any reforms in favor of women. Protection of shariah is a convenient excuse to
deny women her rights. [7]
As seen earlier the British successfully crushed the joint struggle
of the Hindus and Muslims against its rule by initiating the policy of divide
and rule. [8] During the British rule the Indian male reformers pressurized the
British to introduce legislation in favour of women. These reforms impacted all
women but were mainly legislated keeping in mind the Hindu women as they were
disallowed widow remarriage, child marriage was rampant, and women were denied
rights in property. When the reforms for Hindu women took off it put the Muslim
leadership under pressure to introduce the same for Muslim women and hence the
passage of the 1937 and 1939 Act.
Post independence the leadership of the community, the clergy, who
supported the Congress during the independence struggle, committed their
support provided it did not interfere in the Muslim personal law and other
institutions. With partition of the country the Muslim middle class migrated to
Pakistan.
Those who remained behind turned out to be self-seeking leaders who did not
take any concrete measures to improve the conditions of the community, least of
all the personal law. The Muslim community came to be governed by innumerable
secular laws but it continues to resist even Quranically approved changes in
the shariah. The State policy is non-interference in matters of shariah even
though the Muslim women have suffered due to its non-implementation. Thus the
most important and most politicized and most neglected has been the legal
reforms for women.
Uniform Civil Code and Muslim Women
The debate on reforms-in-personal-law verses the Uniform
Civil Code [UCC] has been an ongoing one. While women’s organizations favored a
UCC for gender justice, the same demand was made by right-wing forces to get
the Muslim community to give up their personal laws. With increasing attacks on
the identity of the community nationally and the changing perceptions
internationally, especially after 9/11, the community has acquired the tendency
to look inward. While a UCC remains an ideal to be achieved, in order to take
the matter of reforms forward, it is essential that the personal laws are
reformed as and when an opportunity arises.
It is also important to seek the opinion of other
minority communities on the issue of a UCC. Why questions related to UCC are posed
only to the Muslim community and why is the Muslim community always the first
ones to respond either ways when the issue is raised? Are the other communities
willing to give up their personal laws and adopt a uniform family law? Moreover
since the Special Marriage Act of 1954 is in force and is being used as an
alternative to personal laws, is there really any need for another common law? If
at all there is a need for a more comprehensive UCC then would it not be more
beneficial if it is made optional just the way the Special Marriage Act is?
These and other related questions must be discussed and debated and the issue
must be settled once for all so that it is not used as an excuse for some more
Muslim bashing. Suffice it to say that in such a scenario a reform process,
which is sensitive to the predicament of the community, and is undertaken under
the leadership of Muslim women, is the need of the hour. To substantiate this
study by Vahida Nainar shows that 52 % of Muslim women are in favor of reforms
within the religious framework. [9]
Due to widespread communal violence over the last so many decades,
the Muslim community has always been on the defensive, and constantly feeling
the need to protect its minority identity. The insecurity and a sense of
alienation prohibit any progressive interface with the Muslim law which has
become a mark of the Muslim identity and any reference to reforms within it
conveys an attack on this identity itself. Muslim women are caught in a bind,
always having to choose between her rights and the rights of the community. As
Vahida puts it she can either safeguard her interests or the interests of the
community. Her identity as a ‘women’ and as a ‘Muslim’ is always in a state of
conflict. [10]
The state thinks of the clergy as the true representative of the
Muslim community and the clergy thinks that by defending the Muslim personal
law they are doing a yeoman service to the Muslim community. It does not matter
to them that this defense of a discriminatory law has made the struggle of
Muslim women even more difficult. With the state recognizing only the
conservative religious voice, with the conservative sections consciously
oblivious to the situation of the Muslim women and the Muslim women themselves
still far away from the becoming a political voice – the legal rights of Muslim
women are hanging in the air.
History of Reforms
The British government enacted the Shariat Application
Act [SAA], 1937 which was an attempt at applying Shariat law and not customary
laws to the Muslim community. The Act states that the Muslim community will be
governed by the shariat and not customary laws. The Muslim women at least by
law had the right to divorce, right to remarry after divorce or widowhood, had
right over property. But her legal rights were eroded by customary practices.
Hence a need was felt for legislative changes. This passage of SAA would in
some way restore her legal rights. This law was welcomed by Muslim women and
other political leadership of the community as it served to unify the community
under one law at the same time gave rights to Muslim women as ensured by her religion.
The community is still governed by this law. It does not specify the
content of the Muslim Personal law but merely states that Muslims will be
governed by their Muslim Personal Law. As a result, each school of thought
continue to apply their different understanding and interpretation of the
shariah. One cannot see much advantage of this Act except that it tried to
bring the Muslim community under one law. The
fact that different sects and communities are left to interpret and apply their
own laws shows the heterogeneity of the Muslim community and its laws. It brings home the fact that Muslims in India have not
made a serious attempt to codify diverse practices of the different schools of
thought. Other Islamic/Muslim countries have codified their laws and tried to
ensure justice to women.
In 1939, the Dissolution of Muslim
Marriage Act was passed which gave Muslim women the right to seek dissolution
of her marriage on nine specified grounds. This is the only legislation enacted
by the British, which introduced a substantive codification of the divorce law.
The Muslim Personal Law as practiced in the early 20th century did not offer
any ground on which a woman could dissolve her marriage. The right to divorce
was absolutely in the hands of men and they exercised it at their own will.
There was no legal means by which a woman could free herself from a bad
marriage. The DMMA was thus passed, not because men who made laws were
sensitive to the needs of women but because Muslim leaders feared conversion of
‘their’ women to other religions. This Act was
uniformly applicable to all Muslim women of all sects. It shows that despite
the diversity of sect and practice, a uniform codification is possible if the
political will exists within the community.
However the Act though benefited women was indeed piecemeal. The Act
only lays down the grounds on which women can seek divorce. It does not lay
down any procedure or a time frame within which she can get a divorce. The man
can divorce his wife without assigning any reason and even in her absence. He may or may not approach the court or
any authority to seek divorce. The Act does not question or restrict the man’s
unbridled right to oral triple divorce. The Act deals ONLY with divorce
and not with related matters such as maintenance, custody of children, payment
of mehr etc. For these matters, the woman has to file separate cases under
other laws, sometimes in other courts.
The next piece of legislation came
nearly 40 years after independence in the form of the Muslim Women’s [Right to
Protection on Divorce] Act. Under Cr. P. C. 125-128 any dependent (parents,
wife, child) is entitled to the right of maintenance. Prior to 1986, a number
of Muslim women took the protection of this Code and claimed maintenance. However,
in 1986, following the controversy in the Shahbano case, the Muslim leadership
in India
holding that Cr.P.C. 125 amounted to interference in their religious matter,
disqualified Muslim women from applying for maintenance under the provision of
the Criminal Procedure Code and enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986. This Act was passed to
neutralize the judgment and appease the orthodox Muslim religious leadership.
The Act places the responsibility of maintenance on Wakf Boards
which either do not exist or are not
functional in many States. It shifts the responsibility of maintenance from the
husband to the relatives and the Wakf
Board. The husband knows that if he does not provide maintenance, he could
still control and harass his divorced wife by making her beg at different
places for maintenance. The husband takes responsibility for the
children till they are 2 years of age. After that the responsibility falls on
the wife. In order to claim further maintenance from the husband she has to
again approach the civil court. This negates the legal right of the child to be
maintained by her/his father and absolve the father of responsibility beyond a
certain period. Moreover, it also contradicts Muslim law, which requires former
husband to maintain boys till they are 18 years of age and girls till they are
married. The provisions of the Act are patently violative of the fundamental
rights to equality, equal protection of laws and non-discrimination on the
ground of religion, as guaranteed by the Indian Constitution to all citizens. Since
then there has been no effort either by the State or by the Muslim community to
revive the process of gender-just reforms in Muslim personal law.
Moreover, Muslim law is not homogenous and its provisions vary
according to the different sects and sub-sects. Further it is an amalgamation
of customary law and practices, statutory law and interpretations of Quranic
verses. So while a Muslim woman can go to the court to seek divorce a Muslim
man is not required to do so, he can pronounce divorce thrice and terminate the
marriage contract and this despite the fact that there is a Supreme Court
judgment against oral unilateral divorce by the husband. While gender-just
reforms within Parsi & Christian matrimonial laws are effected with the
initiative and support from the State, it is a stark reality that there exists
no political will to bring about reforms in Muslim matrimonial law that would
benefit the women from the community.
There are multiple implementing agencies that dispense justice
unlike the Hindu community where family disputes can only be addressed by the
court. In case of the Muslim community there exist shariah courts, Qazis,
Muftis [religious clerics], jamaats [sect arbitration councils] that also take
in cases of family dispute. These bodies are readily accessible and have closer
contacts with the community unlike the secular court structures, which are
expensive, inaccessible and time consuming. Though accessible they are
dominated by men who arbitrate and settle disputes, which more often than not
go against the interest of the women. These individuals and institutions have
adopted a very patriarchal, conservative and anti-women interpretations of the
religious texts and some of the more parochial groups do not recognize the
Indian Constitution and the secular legal machinery. Muslim women do approach
the family court and other localized State run legal structures but as said
earlier the time and money required to pursue the case is beyond the reach of
many women especially so of the Muslim women.
Experiences of poor Muslim women
To challenge the patriarchal interpretations and to relook at the
Quranic injunctions, feminist scholars like Riffat Hasan, Fatima Mernissi have
documented a fresh approach towards reading and interpreting the divine text.
[11] The interpretations are progressive and ensure that it is possible to
secure women’s rights without renouncing the religion. Indian Islamic scholars
like Dr. Zeenat Shaukat Ali [12] and Dr. Asghar Ali Engineer [13] have
extensively documented the rights of women in Islam and have given hope to many
young Muslim women to challenge the clergy and demand a gender just law based
on these interpretations. There are many positive Supreme Court judgments in
favour of Muslim women which if a Muslim women manages to reach the SC can be
used for her benefit [14]. Given the fact that the Muslim law is partly
codified and what is uncodified is dependent on the interpretation of the
clerics, these judgments are relevant to propel the struggle of Muslim women
for justice.
In spite of these positive developments, poor Muslim women in Mumbai
who come for legal aid do not really benefit as they continue to be deprived of
their legal rights. The mehr amounts continue to be meager. The data of the
Mahila Shakti mandal [MSM] in Mumbai where the poor Muslim women come for legal
support shows that the women get mehr amounts as low as 501, 1001 and the
favorite is still 786/-. The women does not decide the amount nor does the
girls family. The amount is decided by the groom so obviously it is going to be
a low amount. She also has no stake over this meager amount.
The community being besieged by poverty, the men especially the poor
asset less men is anyway not in a position to maintain his wife. It has been
observed [15] that women do not claim maintenance from their husbands. Only 4
women out of 56 [cases registered in MSM till August 09] have claimed
maintenance from their husbands. The reasons elucidated are that men are
unemployed or have irregular employment and hence will not pay even if asked as
it is beyond his capacity. The women are also worried that if he continues to
maintain her or their children he will also continue to exert his control and
that is what the woman does not appreciate. She would rather be independent of
this relationship rather than depend on his doles which anyway will not come
after some months.
There has been a perceptible change in the attitude of Muslim women.
Earlier they would wait for atleast 5-6 or even 10 years to walk out of a
marriage. Now the time gap has reduced to a year or even less. The data given
by MSM for the year 2008 shows that the gap between marriage and case reporting
was less than 1 year for 18 women. 27 women reported for marital dispute in
less than 5 years of marriage and 20 reported when the marriage was between
5-10 years. 39.47 i.e. almost 40% of women approach the mandal with a marital
dispute within 5 years of marriage. It has also been observed that women who
have been divorced orally and or have been asked to do halala have
categorically refused to go back to their husbands finding the whole
arrangement as hurting her self esteem. [16]. Out of the 114 cases that the MSM
received in 2008, 39 women were from the age group of 20-25 and 24 from the age
group of 25-30. This indicates that very young women are approaching the mandal
for resolving their marital disputes. Collectively 63 out of 114 from the age
group of 20 – 30 approached the mandal. Thus 55.26% of total women who approach
the mandal are from the age group of 20-30. [17]
This is not a national trend. Women otherwise in keeping with the
culture of tolerance put up with years of violence and most of them do not
think of walking out of marriage. But there is a different trend happening with
women in Mumbai who if in an intolerable situation refuses to bear inhuman
treatment and on getting support seeks divorce or if husband has pronounce
divorce and wants to take her back refuse to go. There are many reasons for
this walk out. Incompatibility, excessive mental and physical violence,
excessive control, excessive interference by in laws, irresponsibility in
maintaining the family by the husband are some of the reasons. Many are willing
to forego their financial rights like the mehr or things given to him at the
time of marriage in order to free themselves from this bond. A sea change in
the attitude of parents can also be seen in recent times. Earlier women were
told ‘khadi jana, leti aana’. Walk into the marriage and come out of that house
only as a dead body. Like all other cultures Muslim women who have been
divorced or widowed are not welcome to their maternal families. In a city like
Mumbai the space crunch in Muslim ghettos especially the slum colonies where
the poor live inhibits even the women to come back to her parent’s house. But
in the recent years parents have welcomed their daughters and in fact insist
that she need not put up with the harassment of the family. This support is
most welcome as she has support from where she needs it the most.
Men
on the other hand continue to orally and unilaterally divorce their wives as
per their convenience. Although unQuranic and illegal [there is a Supreme Court
judgment prohibiting oral unilateral divorce] men use the threat of divorce to
keep the women on tenterhooks. But when the same women wants divorce he
withholds it to trouble her some more. Men are very prompt in giving the
financial rights to women if he has initiated the divorce. But when a woman
initiates and then demands her rights he refuses giving explanation based on
the shariah that if a woman demands divorce she will not get her mehr back.
On
one hand are the insensitive clerics who prescribe heinous practices like the
halala, who endorse and support oral divorce, who support the husband to be
irresponsible in avoiding maintenance. They want to continue to maintain their
hegemony over the community and refuse to let newer ideas percolate their ranks
as a result they are dogmatic, traditional and regressive. And on the other
hand are the secular courts which require huge investments of time, money and
energy if she approaches them for divorce. Given the fact that a Muslim woman
faces multiple marginalization she is not in a position to access the formal
courts. In such a scenario the mahila mandals, or nari adalats run by Muslim
women play a crucial role in supporting them.
Leadership Of Muslim Women On Law Reform
The Muslim women in the 90s, especially after the demolition of the
Babri Masjid have been taking lead in small ways to challenge the age old
dogmas and asserting themselves for realizing their rights. The first instance
of this awakening was visible during the Imraana controversy. Imraana was raped
by her father in law. She received a fatwa which declared her marriage to her
husband as void. There was a huge uproar from the community against this fatwa.
Many Muslim women activist came forward to support Imrana and rallies were
organized to condemn the fatwa.
In sharp contrast to this was the year 1986 when the Muslim women
were hardly organized and there was no public outcry against the Act which
instantly took away a Muslim women’s right to a secular law. Imraana was not
alone as she was supported by scores of Muslim women across the country who
organized rallies and public meetings to condemn the fatwa. A social
organization in Lucknow
called Tehreek galvanized public opinion against the fatwa and supported
Imraana through the ordeal. In Mumbai, Hukook-e-Niswan Mahila Sanghatana
[Federation of Muslim women’s mahila mandals in Mumbai] along with other
women’s groups like Women’s Research and Action Group [WRAG] organized a
massive rally to condemn the fatwa and questioned the existence and validity of
bodies like the All India Muslim Personal Law Board and other assorted bodies
who issue fatwa to subjugate women. They raised slogans like ‘Sarkar hamari
Chup hai maulana se darti hai ! It was a
massive show of strength by Muslim women against dogmatic forces.
The Muslim women’s groups in Mumbai also tore to pieces the
nikaahnama released by the AIMPLB. The Board’s nikaahnama did not invalidate
triple oral unilateral divorce nor did it include the delegated right to
divorce. It did not put any restrictions on polygamy. In fact it validated
violence against women by the husband. A young Muslim girl from Mumbai called
Muskaan Shaikh tore the nikaahnama in a crowded press conference to bring home
the point that Muslim women are coming of age.
In 1996 a group of Muslim women in Mumbai got together to make a
standard Nikaahnama which ensured the rights of Muslim women in her matrimonial
home. This Nikaahnama was sent to the AIMPLB for their approval. The Board
rejected the nikaahnama on the ground that it allowed women to exercise the delegated
right to divorce. A Muslim woman if she wants divorce can get one as it has
been delegated to her by her husband at the time of marriage. This provision
makes a woman independent of men if she needs to terminate the marriage. After
this rejection another set of Muslim women in Mumbai affiliated to WRAG took up
the same nikaahanam and further modified it in favour of women and released it
in Mumbai under the aegis of the Muslim Women’s Rights Network. In 2008,
activists of the Bharatiya Muslim Mahila Andolan [BMMA] further modified the
nikaahnama and released it during its Annual Convention held in Delhi in 2008. The
salient feature of this document is that it completely disallows oral,
unilateral divorce, it makes arbitration compulsory and puts a complete ban on
polygamy. 15 marriages were conducted in Gujrat and 40 in Mumbai on this model
nikaahnama.
In a spontaneous reaction, Muslim women in Mumbai called a press
conference to condemn the fatwas issued by a cleric pressuring Muslim women to
wear purdah. More than 50 women participated in the conference and condemned
the fatwas and stated that women alone can decide what purdah means to her and
whether she will observe it or not. Nobody has the right to decide for her and
nobody has the right to issue such discriminatory edicts. The press extensively
covered the event and it was widely reported.
The Muslim women activists have also taken the lead in drafting an
alternative Muslim personal law which is gender just. A National Consultation
was held in Mumbai in December 2006 to seek Muslim women’s views on
codification of Muslim law. The Consultation was attended by close to 300
Muslim women from different states like UP, Gujrat, Madhya Pradesh,
Chattisgarh, West Bengal, Rajasthan Karnataka
etc. The delegation from different states deliberated on the discriminatory
aspects of the Muslim law. Islamic Scholar Dr. Zeenat Shaukat Ali and women’s
rights activist, Saumya Uma made presentations on their experiences with the
legal issues of Muslim women. Dr. Vibhuti Patel chaired the session. In the
2-day conference Muslim women took up each aspect of Muslim law and deliberated
on not what the law is but on what they want. What kind of Muslim law is
aspired by Muslim women? How should be the process of divorce, how much mehr
should a woman be getting? These and many aspects of Muslim law were discussed.
The Conference resolved that the Muslim law as it exists is discriminatory and
it is time that it is codified and the conference takes on the responsibility
to work out a draft of an ideal Muslim personal law. A consultation with
scholars likes Dr. Zeenat Shaukat Ali and activists like Zakia Jowher and Naish
Hasan from the Bharatiya Muslim Mahila Andolan, Khatoon Shaikh and Shabana
Shaikh from Hukook-e-Niswan Mahila Sanghatana were held to enable them to give
their inputs on the process of codification. Thereafter regional consultations
were held in Chattishgarh, UP, Maharashtra,
Madhya Pradesh, Orissa, Gujrat to discuss the draft law with the Muslim women.
These consultations were initiated by WRAG and organized by the activists of
the BMMA. Muslim women enthusiastically participated in these consultations and
gave their views about an ideal Muslim personal law. The draft is being further
modified as the consultations are going on.
Muslim women’s groups in Mumbai have been providing legal aid to
Muslim women thereby facilitating a Muslim women’s access to legal support.
These quasi-judicial informal forums have emerged as a platform to which a
Muslim woman can approach for support. The Mahila Shakti Mandal, mentioned
earlier in the article is registered body of Muslim women which has been
receiving cases of Muslim women since 1995. So far the mandal has been able to
reach out to more than 2000 Muslim women. The Mandal is supported by lawyers
who help them with such cases. Many such Muslim women’s groups have been formed
indicating that Muslim women have indeed taken on the leadership of the
community and especially remarkable has been their intervention in the area of
law reform and legal aid to fellow Muslim women. Other Muslim women’s groups
like the Samjhauta Mahila Mandal, Priyadarshini Mahila Mandal, Milan Mandal,
Hamraaz Committee, Roshni Mahila Mandal, Sujhav Mahila Mandal, Parwaaz Mahila
Mandal have been established in Mumbai.
Muslim women in Maharashtra have
been actively advocating for reforms in the family law. In the recent history
activists like Hamid Dalwai have highlighted the challenges before the
community and have advocated for social reforms. The Muslim Satyashodhak Mandal
thus formed initiated efforts for change. Researchers like Dr. Hamida Mistry,
Dr. Rehana Ghadiali, and Dr. Razia Patel have researched and documented
extensively on the problems faced by the Muslim women. These initiatives impacted
the mindset of the literate section of the Muslim society. Work at the grass
roots with the masses began earnestly after the communal violence post the
demolition of the Babri masjid. Rahe-Haq, a Muslim women’s organization worked
extensively with Muslim women in Mumbai. Similarly the above mentioned Mahila
Shakti Mandal was formed in 1995 to address the legal concerns of Muslim women.
Many small and big organizations working for the betterment of the Muslim
community were established. Many youth committees emerged overnight to carry
out relief and rehabilitation work after the violence broke out. These groups
of young women and men carried out the survey of damaged homes, identified the
dead and injured, liaised with government bodies for distribution of
compensation. Some even conducted counseling and group sharing workshops for
healing the trauma of the victims.
Efforts of Organizations run by the Muslim community in Mumbai
The population of the island city is 3,326,837
from Colaba to Mahim on the western coastal side of the city and from VT to
Sion on the eastern side of the city. The population of the outer city which in
our parlance is the suburbs is 8,587,561, almost 3 times more than the island
city. 5,788,363 is the population of the area just outside Mumbai which
includes Navi Mumbai, Belapur, Sanpada etc The total population of the island,
outer and suburban city is 17,702,761 [18] The island city, suburbs and the
outer city along with its satellite towns is the called the The Mumbai
Metropolitan Area/Mumbai Metropolitan Region (MMR). It includes 7 Municipal
Corporations and 15 smaller Municipal Councils and covers an area of 4355 km2
with a population of 17,702,761. MMRDA [Mumbai Metropolitan Development
Authority] which is a state run institution responsible for the planning and
development of this region. Although there is a single body responsible for the
integrated growth of this region, it is still witness to large scale, unplanned
and unorganized growth. It has not been immune to growth of slums and haphazard
development. [19]
There are 12 areas in Mumbai and the suburbs which have a
predominantly Muslim population. They make up 1.5 to 1.75 lakh of voters. [20].
Over the many years of communal strife and ghettoisation, there are distinct Muslim
localities. For eg. Nagpada, Mohammed
Ali Road, Bhendi Bazar, Dongri, Zakaria Masjid are
almost entirely Muslim. Dharavi, which houses a million people, is called Asia's largest slum. Muslims constitute 40 per cent of
Dharavi's population. Located in the industrial belt of Mumbai, Dharavi is a
centre of small-scale entrepreneurial activity, particularly garment
manufacturing, leather processing, waste disposal, pottery and suitcase
manufacturing.[21] In the suburbs, Jogeshwari east, Millat nagar, Qureishi
nagar in Kurla, Park site in Vikhroli, Behram pada in Bandra, Golibar in Khar
have a sizeable number of Muslims.
Muslims staying in Mumbai are very heterogeneous. The Khojas and the
Bohra form the small but wealthy Shia sect. The Konkani Muslim who migrated to
Mumbai from the Konkan coastal belt are there in large number.[22] Apart from
these older set of sub-communities, a majority of the Muslims in Mumbai have
come from UP and Bihar in search of jobs. Muslim weavers from UP called Ansaris
came to Mumbai to work in textile mills. [23]. Since the 1970s the poor from UP
and Bihar have been steadily coming into the
city in search of livelihood and better living conditions. They work in central
localities of Nagpada and Madanpura in small and informal businesses and
workshops. [24]
There are many firsts related to the 2001 census data. For the first
time data about slums was collected from towns and cities having 50,000 or more
population based on 1991 census data. The population of slums all over India is 40
million staying in 607 towns and cities reported to having slums. This means
that 4% of the total Indian population stays in slums. It also means that
quarter of the Indian cities lives in slums. Out of this 5 million are in the
age group of 0-6. The situation is alarming for Maharashtra
and specifically for Mumbai. 32% of
the people in the state live in slums and nearly 5 million that is 5,823,510
are in Mumbai. About 49% of the population stays in the slums. [25]
The city has thrown up many civil society groups and many have been initiated
by the Muslim community which implies that in spite of all the setbacks, the
community is making all efforts to move in the direction of development. The
community is running a large number of educational institutions, giving medical
and handling charitable causes. The work by the Muslim NGOs on the educational
front is very crucial especially when the state has dithered from its essential
job of providing easy access to education for the poorest sections of society.
The NGOs have to some extent filled in the vacuum although they do not have the
reach and the capability matching the state machinery. The nature of these
efforts is varied in nature. Some organizations are big, others run by
professionals, some are skilled some others are voluntary. Some have registered
themselves whereas some have emerged naturally and are contributing in their
own small way. Issues like education, livelihood, medical aid, social concerns
are being addressed and that has definitely led to a great deal of awareness
within the community. The activities and programmes that they run include
scholarship for school, higher and technical education, distributing sewing
machines to women, distributing zakat during ramzaan, distributing ration, giving
medical aid. The prominent ones in Mumbai being MESCO, Rahat welfare trust,
AICMEUs. Organizations like CSSS, WISDOM Foundation and CIS have been
instrumental in raising, discussing and debating crucial issues like communal
violence, rights of women in Islam and thus bringing forward a liberal and
progressive understanding of the divine scriptures. Islamic scholars like Dr.
Asghar Ali Engineer and Dr. Zeenat Shaukat Ali have been in the forefront to
highlight the opinions of the progressive Muslim voices.
Post Babri Masjid demolition organizations especially women’s
organizations have taken special efforts to incorporate Muslim women’s issues
in their agenda. WRAG, Akshara, Navjeet Community Centre, Awaaz-e-Niswan are
some of them who have been doing long term developmental and political work
with the Muslim women. There has also been a qualitative change in the women’s
movement. While it was earlier led by women from the upper caste and class, it
now comprises of women from the dalit, Muslim and other marginalized groups who
undertake developmental as well as political work.
Muslim Women’s Movement
One can draw parallels to see the development of Muslim women’s
movement which finds its impetus in the new economic policies announced in the
budget of 1991. The growth of communal forces coupled or rather given impetus
by capitalist forces led to the complete political, social and economic
marginalization of the Muslim community. A progressive liberal male leadership
being absent the vacuum was filled in by women of all hues and classes to take
matters in their own hand. The community being in a tight grip of conservative
forces stifled the liberal voices. The demolition of Babri masjid and the
consequent communalization of the social fabric of the country and the
insidious way in which the capitalist forces were unleashed paved way for
Muslim women to raise their voices against not only its own conservative forces
but also against the anti people and anti poor policies of the state. While the
women’s movement has done a huge task of highlighting the women’s issues and
bringing them out of the closet, it unfortunately ‘assumed the homogeneity of women’s
identity’ [26] It, for the reason of being elitist, could not address the
concerns of excluded and marginalized groups like the dalit and the Muslim
women. In fact the deafening silence in Gujrat in which the women’s
organizations participated after the genocide conveys the insensitivity of the
women’s movement. The issues of Muslim women could not be seen to a large
extent without looking at the issues of the larger community. The Muslim women in Gujrat, Mumbai,
Rajasthan, UP, Tamil Nadu, Karnataka had already taken a lead in organizing
themselves. Tehreek and Bahin in UP, National Muslim Women’s Welfare Society in
Rajasthan, Hukook-e-Niswan Mahila Sanghatan in Mumbai, Aman Samuday, Parwaaz,
Niswaan in Gujrat, Institute for Minority Women in Madhya Pradesh, Samadhan
Foundation in Karnataka, Wind-Trust in Tamil Nadu, Muslim Women’s Welfare
Organization and BIRD Trust in Orissa are some of the examples of organized
efforts of the Muslim community. The most marginalized are taking the lead in
impacting their own lives and the life of the community. The launch of the BMMA
suggested the coming together of these scattered forces of Muslim women.
The BMMA is committed to work for ameliorating the exclusion of the Muslim
community with special focus on Muslim women and towards demanding the social,
economic, political, civil, legal and religious rights of all Muslims. It is
also committed to undertake and propagate positive and liberal interpretations
of religion which are in consonance with the values of justice, equality and
protection of human rights enshrined in the Constitution of India. It has
emerged as a mass organization of Muslim women from all over the country
cutting across class and caste. It is an andolan by the Muslim women to take
leadership of issues concerning their community and towards realization of full
citizenship.
The alienation, exclusion had created a large vaccum in leadership
which is being readily filled in by the women through forums like the BMMA. In
fact the circumstances forced the Muslim women to enter the public domain. Be
it for fighting the POTA victims in Gujrat or facing the brutal police in the
Mumbai riots in 1992, be it the illegal detention of Muslim youth in Andhra
Pradesh, be it the Imraana/Gudia case in UP – Muslim women had effectively and
forcefully entered the public domain. Forums like the BMMA facilitate to give
direction and motivation to the emergent women. There is a very visible and
palpable churning within the community. Not just women but youth,
professionals, clerics, academicians are taking an active interest in the
affairs of the community. This is the most important development since
independence and very significant especially since the sunni Muslims have never
be truly organized at the community level. With the state taking interest
through the tabling of the Sachar report it is a productive phase for the community.
To conclude it can said that Muslim women must now be heard by the
State as an alternative, progressive and liberal voice of the community. And
any debate on the issue of law reform must have the active presence of Muslim
women who over the last many years have accumulated enough knowledge and
leadership to influence policies.
FAMILY PLANNING AND THE
MUSLIM COMMUNITY
The status and situation of Muslim women in this country is quit low
and miserable in three life stages – a weak member of the family before and
after marriage, a subordinate position in her community and a substandard, low
and disheartening role and place in the larger Indian civil society.
Maharashtra
state was formed on 1st
May 1960 and the state is currently celebrating its golden jubilee
year. The state has a tradition and history of progressive, liberal, forward
looking, tolerant and all inclusive leadership and socio economic
development. Maharashtra
is the first state to set up the state minority commission with a clear cut
objective and action plan and the government proposes to set up district level
Minority Commissions. The government also initiated the Minority Development
Department to overlook the implementation of the Sachar committee report and to
look into the issues of the Muslim community. The State Minority Commission
will work in coordination with the Prime Ministers 15 point programme, State
Haj and Waqf Board and Urdu, Sindhi and Gujrati academies. India is the
first county in the world to initiate and implement the family planning
programme at an official level. Maharashtra
has over the last 59 years won over 10 national level awards for its excellent
performance in the field of family planning.
The family planning programme is being operationalised at three levels:
Government, corporate and voluntary. The voluntary sector’s contribution in
achieving state level targets and reaching expected level of performance is
quite encouraging. The voluntary sectors role in the programme is
supplementary, complementary and innovative.
The National Integrated Medical Association is an all India body of
medical practitioners of Ayurvedic/Allopathic medicine. It has branches all over the country and in Maharashtra districts and municipal towns. Malegoan
[dist. Nashik] municipal town has a NIMA branch and the branch is running two
urban family welfare centers since 1968. The two centers together cover a
population of over 1 lakh. The town has Muslim population of about 80% living predominantly
in slums. The main occupation of the population is household handloom industry.
With no proper and adequate housing, health, water supply the people have to
lead a very poor and miserable life.
The table below gives the
demographic data of Nashik District.
Nashik
District - One of the top 100 districts by size of Muslim population [2001
Census]
|
|||||
Socio-Economic Indicators
|
|||||
Total Muslim population
|
5,25,993
|
||||
% of Muslim Urban Population
|
88.1
|
||||
Index of Social progress
|
0.52
|
||||
% of Muslim literate population
|
79.8
|
||||
% of Muslim literate female
|
74.1
|
||||
Muslim sex ratio [0-6]
|
959
|
||||
The table below gives the year wise family planning performance. The
response, acceptance and use of family planning method [FPM] by the Muslim men
and women in particular is quite impressive, encouraging and promising.
FAMILY PLANNING
PERFORMANCE OF PREDOMINANTLY MUSLIM MUNICIPAL CORPORATIONS
|
|||||||
2007-08 /
2008-09
|
|||||||
Municipal
Corporation / Year
|
Total
Sterilisation
|
Sterilisation
after 2 issues
|
Total
Vasectomies
|
IUD
|
Oral pill
users
|
||
Bhiwandi
|
2007- 08
|
2300
|
793
|
7
|
3258
|
2203
|
|
Thane
|
2008 - 09
|
2341
|
763
|
18
|
2932
|
2877
|
|
Malegoan
|
2007 - 08
|
1582
|
422
|
18
|
2139
|
1243
|
|
Nashik
|
2008 - 09
|
1038
|
541
|
54
|
1874
|
1270
|
|
SOURCE: State
Family Welfare Bureau, Pune
|
|||||||
Annual Reports
for 2007- 08 and 2008 - 09
|
|||||||
The table below shows the state and religion wise FP users and
sterilization percentage. It shows acceptance of sterilization [vasectomy and
tubectomy]. The comparative data about Hindu and Muslim acceptance is
instructive and encouraging. The decision to space and limit the size of the
family by Muslim community clearly shows they are quite firm and decisive on
the family size.
STATE AND
RELIGION WISE FAMILY PLANNING METHOD USERS AND STERILISATION PERCENTAGE
|
||||||
All India/State
|
FP Method User
|
Sterilisation
Acceptors
|
||||
Hindu
|
Muslim
|
Christian
|
Hindu
|
Muslim
|
Christian
|
|
India
|
45.5
|
33.8
|
61.6
|
22.6
|
79.4
|
36.6
|
Andhra Pradesh
|
51.1
|
40.3
|
60.8
|
47.2
|
32.9
|
54.1
|
Assam
|
47.5
|
24
|
17.7
|
23
|
7.2
|
9.4
|
Bihar
|
32.6
|
14.6
|
33.6
|
22.3
|
6.8
|
4.2
|
Chandigarh
|
70.2
|
35.8
|
88
|
29.4
|
31.5
|
|
Delhi
|
69.6
|
53.8
|
88.9
|
26.9
|
12.3
|
25.9
|
Goa
|
62.1
|
46.1
|
58.9
|
37.6
|
27.2
|
17.8
|
Gujrat
|
56.8
|
49
|
25.6
|
40.2
|
23.2
|
14.1
|
Haryana
|
53.8
|
23.8
|
39.1
|
8.5
|
||
Himachal Pradesh
|
54.2
|
16
|
100
|
41.8
|
16
|
40.5
|
Jammu/Kashmir
|
48.5
|
35
|
39.5
|
29.8
|
28.4
|
9.6
|
Karnataka
|
49
|
34.4
|
40.3
|
40.1
|
28.1
|
23.5
|
Kerala
|
83.7
|
64.4
|
85.8
|
63.8
|
42.7
|
52.8
|
Madhya Pradesh
|
39.5
|
39.6
|
70.5
|
31.5
|
34.3
|
53.9
|
Maharashtra
|
56.6
|
45.8
|
64.6
|
45.3
|
30.1
|
27
|
NE States
|
49.3
|
33
|
25.8
|
18.6
|
5.7
|
14.4
|
Orissa
|
45.3
|
44
|
43.9
|
34.1
|
13.7
|
31.7
|
Pondicherry
|
66.5
|
77.2
|
65.9
|
44.3
|
23.3
|
46.4
|
Punjab
|
72.4
|
28.3
|
36.9
|
28.3
|
100
|
|
Rajasthan
|
30.9
|
17.3
|
24.4
|
7.9
|
||
Tamil Nadu
|
59.1
|
56.6
|
73.9
|
37.9
|
31.6
|
35.5
|
Uttar Pradesh
|
29.4
|
18.1
|
82.1
|
18.2
|
3.8
|
37.8
|
west Bengal
|
59.1
|
42.2
|
42.4
|
22.8
|
22
|
19.4
|
Source: Family Planning estimates in India, Third All India Survey,
Volume 2, Operation Research Group, pp 198-199
The Family Planning Association of India [FPAI] is the premier
national voluntary organization in the field of family planning since 1949. It
has branches in more than 16 states of India with its head quarters in
Mumbai. The FPAI head quarters initiated a project ‘Enhancing Women’s Status
through Family Life Education’ in Malegaon
during 1977-1980. The project was implemented in close collaboration with the
local voluntary agency ‘Frankly Feminine’. Orientation and training programmes
were conducted for the mahila mandal members, college students of the National
Social service scheme, primary and secondary school teachers and adult
education programme functionaries, anganwadi teachers. Topics covered in
orientation and training programmes for mahila mandal member’s anganwadi
teachers and adult education programme functionaries were family planning
nutrition, child health and parental responsibilities. The mandals were
instrumental in teaching rural women about nutrition, hygiene, and safe
delivery techniques. The main thrust in
the training programmes for students of NSS and primary and secondary school
teachers was population, development and allied topics. These programmes were
instrumental in creating a conducive, favourable climate for development
programmes in general and family planning in particular. A sterilization camp
for men and women intending to limit their family size was organized. During
the period 39 women under went sterilization operation. A team of FPAI doctors
and Para medical staff conducted the entire
sterilization camp programme. This was perhaps the first sterilization camp in
this area after the Emergency
The 1994 International Conference on Population and Development had
a major impact on family planning programme in India. The programme extended to
sexual and reproductive health and adolescent health education, men’s role in
family planning and other allied programmes were added.
The FPAI Bhiwandi project has been working for the last 25 years.
Community participation and involvement of mahila mandals in the cause of
family planning and women’s empowerment was the approach which was used
successfully. The involvement of mahila mandals and self help groups helped the
process of empowering women to play their effective role in the society in the
entire Bhiwandi taluka. The projects conducts HIV/AIDS awareness programmes,
sexuality education for youth groups, community health educators training, peer
education training and safe motherhood project. As most of us are aware that the Bhiwandi
Municipal Corporation has a total population of 12 lakhs of which 60% are Muslims
majority of whom are loom workers. 10% of family planning method acceptors are
Muslim women. 2% of Muslim women are acceptors of sterilization and 20%
acceptors of other services are Muslim men and women. In Bhiwandi there is a
general awareness of family planning programme and there is an increasing
acceptance of family planning methods - temporary and permanent.
The FPAI’s clinic at Mumbai Central in Mumbai was started in 1954.
Called the Kutumb Sudhar Kendra, it has in the last 55 years been rendering
family planning services, guidance, counseling and contraceptives for spacing
and male/female sterilizations. Its main beneficiaries are from nearby Muslim
dominated areas of Nagpada, Byculla, Mahalaxmi and also distant suburbs. From
2000 to 2008 the total number of sterilizations [predominantly female] is
11278, out of which 3391 are from the Muslim community, mainly Muslim women and
a few men.
Through this article an attempt has been made to present the current
efforts of the Muslim community on vital issues of personal law reform and
family planning. While on the second issue the state efforts have been visible
and vital, on the issue of law reform the community, nay the Muslim women are
completely on their own. To the larger community and state, the issue of law
reform is an anathema. Despite the lack of support the Muslim women have taken
long strides not only on the issue of law reform but also in taking leadership
of the community. Now the ball is the court of the state and the larger Muslim
community.
REFERENCES
1. Hasan Zoya, Menon Ritu, Unequal
Citizens – A study of Muslim Women in India, Oxford University Press, New Delhi, 2004
2. Lateef Shahida, Muslim Women In India Political and Private
Realities: 1890 – 1980s, Kali for Women, New Delhi, 1990
3. Ibid
4. Census of India, http://pib.nic.in/release/release.asp?relid=3724,
6th September 2004,
accessed on 1 August 09
5. Social, Economic and Educational Status of the Muslim
Community of India, A Report, Prime Minister’s High Level Committee, Cabinet
Secretariat, Government of India, November 2006
6. Ibid 1
7. Ibid 2
8. Dalrymple William, The Last Mughal
– The Fall of a Dynasty, Delhi,
1857, Alfred A. Knopf, Random House, 2006
9. Nainar Vahida, Muslim women’s
Views on Personal Law – The Influence of Socio-Economic Factors, WRAG, Mumbai, 2000
10. Ibid
11. Mernissi Fatima, Women and Islam
– An Historical and Theological Enquiry, Women Unlimited [an associate of Kali
for Women], New Delhi, 2004
12. For more details on rights of
women as enshrined in the Quran please refer to: Shaukat Ali Zeenat, The Empowerment
of Women In Islam: With Special reference to Marriage and Divorce, Vakils, Feffer & Simons Ltd., Mumbai, 1997.
13. For a detailed narration of rights of Muslim women
please see: Dr. Engineer, Asghar Ali, The
Rights Of Women In Islam, IBS Buku
Sdn Bhd, 1992.
14. Uma Saumya, The Supreme Court
Speaks, Judgments on Muslim Law and Women’s Rights, Women’s Research and Action
Group, 2007
15. Data taken from the Mahila
Shakti Mandal, Bandra east, Mumbai.
16. Martins Reena, Calling it Quits,
2 May 2006, The
Telegraph, Calcutta, India, http://www.telegraphindia.com/section/frontpage/index.jsp.
accessed on 14th October 09
17. Case Register of the Mahila Shakti Mandal, Mumbai
18. http://www.demographia.com/db-mumbai1981.html.
accessed in August 09
19. Mumbai Metropolitan Area, http://en.wikipedia.org/wiki/Mumbai_metropolitan_area1
August 09
20. Gangan Surendra/DNA, Sunday, September 27, 2009 2:24 IST, Muslims feel left out in allocation
of tickets,http://www.dnaindia.com/mumbai/report_muslims-feel-left-out-in-allocation-of-tickets_1293275,
accessed on 16th Oct 09
21. Naunidhi Kaur, Mumbai: A Decade After Riots,
Frontline, Volume 20 - Issue 14, July
05 - 18, 2003, http://www.thehindu.com/fline/fl2014/stories/20030718002704100.htm,
accessed on 16 Oct 09
22. Ibid
23. Ibid
24. Ibid
25. Volunteer Ramblings, Slums In
India – Census 2001, 3rd August 2005, http://volunteerthoughts.blogspot.com/2005/08/slums-in-india-census-2001.html,
accessed on 9th July 09
26. Bharatiya Muslim Mahila Andolan, Journey So Far, Annual Report,
2007-8
This paper will be presented in a Two-Day National seminar on
“Socio-Economic and Educational Status of Muslims in Maharashtra” organized by
Tata Institute of Social Sciences, to be held on 21st & 22nd
December 2009
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