HYPOCRISY OF FEMINISTS IN INDIA

DAY 29 

HYPOCRISY OF FEMINISTS IN INDIA 

What has been the contribution of feminist ideology? 

Feminism is a cry by women for equality within family and society. In the 1970s the feminist movement took a flight in India after the declaration of the International Decade of Women. Its essential demand had been to treat women as a human being and end all discrimination that happens simply because she is a woman. Many achievements have been accrued by the movement, chiefly has been the spawning of women’s organization and institutions. Insertion of women’s perspective in all ideologies and thought processes has been another feather in the cap as a result today no discussion is considered complete without looking at the said issue from a gender lens. Nothing can pass the muster without it having made sense to women from a feminist perspective. 

What went wrong? 

Sadly this edge has gradually eroded. The first erosion happened when the women’s movement was not able to defend its demand for uniform civil code simply because the issue was coopted by the Hindu right wing. They gave away the ground to them by simply abandoning the issue. This itself conveyed that the movement’s commitment to the cause was not rooted at all. They gave up without as much as defining its idea of UCC as being fundamentally different from the idea of it as espoused by the Hindu right wing. 

Women’s organizations have been proud of its ‘secular’, atheist heritage. Drawing upon the idea of UCC as a truly non-religious document has always been the demand of the movement. And a truly open challenge to the idea of UCC as espoused by the right wing. But today in the feminist circles nobody has an idea how to counter the draft of UCC which the government might impose on the country. Governments have always ratchetted up the issue for political gains without any true commitment. But no such constraints exist for women’s movement and yet we do not have any discussion around this issue since almost 2 decades. No draft issued, no counter drafts, no discussions and debates, no agreements and disagreements. In effect, a complete silence indicating a complete abandoning of the issue. The movement that was responsible for pro-women legislations suddenly turned meek and withdrawn and even refused to discuss possibilities of a religion-neutral law even as a utopian idea. 

One is reminded of the fight for 33% reservation for women which for obvious reasons has been abandoned by the various political establishments. Sadly the same constraints do not exist for women’s movement. And yet no organization worth its worth has been talking about it. What happened? Where and how did it lose its sheen and commitment? No ground movement exist to discuss and debate. No seminars and conferences, no dharnas and public protests, no public hearings and symposiums. What happened?? Is it short of commitment or short of ideology, is it short of grounding or short of funds? Has it truly remained feminist or have been coopted by the Hindu right wing so that the Hindu right wing remains uncontested in the arena of UCC or does not have to pass on the benefits of reservation to women? Isn’t it ironical and tragic that the movement that spoke of ‘secular’ laws has very quietly given up and given away the ground to Hindu right wing that, in the words of feminists themselves, would bring in a Hindu law for all in the garb of UCC? Hasn’t the movement turned deeply patriarchal so much so that it has given up the issue so easily? 

The larger women’s movement has not been open to BMMA, why? 

The women’s movement with its nose off the ground, cut off from ground realities has not been able to take a clear, declared stand of supporting Muslim women’s movement, BMMA. BMMA since the last 14 years has consistently worked to prove that a codified Muslim family law will ensure legal protection to Muslim women in matters of family law. When none exists, a law will give much needed negotiating power to the women within the confines of her family. What BMMA demands is nothing novel. Similar to the Hindu Code Bill, the Muslims must also have the legal facility of a Muslim Code Bill. Just as the Hindu Code Bill is based on the Hindu traditions, our demand for a codified Muslim Code Bill is centered around provisions for women in the Quran. 

And yet a resounding and complete silence of a large number of women’s organizations and institutions only confirms that the movement is in a comatose state. It has no ability to either agree or disagree with the demands of Muslim women. We have seen how it has long ago abandoned its demand for a religion-neutral law and now with its inability and unwillingness to support Muslim women’s demand for legal protection in the form of codified law, it only affirms that feminism is dead. If not then why has it not been able to come out in solidarity with Muslim women which has been effectively working since 2007, a good 7 years before the current government came to power. Many individual women activists did give their inputs and suggestions to the draft law that BMMA was working on, but as a movement it was silent and still continues to be remain silent indicating lack of comprehension and application of mind, and an inability to accept the leadership of Muslim women. It has no idea what to propose in order to effectively resolve the Muslim women’s need for legal protection. Having abandoned the UCC and having shown no maturity to support BMMA, how do they propose to legally address Muslim centric practices of triple talaak, halala, muta and other shariah-inspired practices of polygamy, underage marriage, custody of children and unequal inheritance? 

What are the implications of resistance to not supporting BMMA? 

By keeping silent on the arrival of a huge upsurge of Muslim women’s movement, it has invariably strengthened the hands of Hindu and Muslim right wing. By keeping silent on the massive courage shown by 5 litigants against triple talaak in the Supreme Court, the movement has lost is moral right to be even called a feminist. By refusing to acknowledge the emerged leadership of Muslim women, it has shown its immaturity and pettiness and its deeply patriarchal mindset. By refusing to stand besides Muslim women’s demand for her constitutional rights, it has betrayed its deeply anti-Muslim mindset. By not standing with Muslim women, they are by default standing by the most horribly patriarchal and misogynist religious bodies who have single mindedly stalled all attempts at reforms. By their very act of numbness of mind, they have strengthened the Hindu right wing which now believes and rightly so, that the feminists are no different from the mulla-gang. 

What are their arguments? 

Muslim women should not be demanding law reform from this Hindu right wing government – this is told to the Muslim women. Pray, which government should we be going to? The government of Afghanistan or Pakistan? Where do the rest of them go with their demands? Everyone, including the women’s organization, have been making their demands from this very government. Whether they like it or not, everyone including the women’s organization, is complying with the GST regime of this government. Everyone, including the women’s organization, have accepted the garishly pink note of Rs. 2000, a fallout of the demonetization blunder of this government. Everyone, including the so-called secular, human rights organisations are demanding their rights from this government, but when Muslim women are doing it, it is wrong and should not be done. Why should Muslim women not demand her constitutional rights from this government? 

Some lawyers have also opposed you? 

Lawyers who fight in the corridors of law base themselves on the constitutionally mandated laws of the land. They are bound by the constitutional values. These very lawyers earn their bread and butter by fighting cases in the court of law. So-called feminist lawyers have for many decades fought for Hindu women based on the Hindu Code Bill. They have fought hard against the dilution of 498, and fought harder for DV Act. They have supported Christian women in their fight for a better Christian law. But these very so-called feminist lawyers do not approve of a codified law for Muslim women. If this is not hypocrisy what is? Hindu women have the protection of a codified law, but Muslim women must make do with a judgment of the court. That it seems is enough for them. If this is not being dismissal of the needs of 7 crores of Muslim women, then what is? 

Some have called BMMA as being in cohorts with the Hindu right wing? 

That Muslim women are playing in the hands of the BJP – how patronizing and paternalistic!! How about also realizing that feminists have also played and are playing in the hands of ‘soft-Hindu’ ‘secular’ parties. Why, have they in all these decades not demanded legal protection for Muslim women, why did they not realize the need for Muslim women to be protected by legislation. If Hindu Code Bill was good enough for the Hindus, why would a Muslim Code Bill not be so for the Muslim women? In their duality and contradiction, they played in the hands of Muslim fundamentalists and invariably strengthened their hands. To maintain their façade of secularism they sacrificed the interests of Muslim women. They too indulged in their own brand of vote-bank politics which was equally patriarchal and anti-Muslim. Secularism according to feminists, when it comes to Muslim women, is absence of religion and hence no religion-based law. But secularism when it comes to Muslim men means protecting Muslim men and their unjust behavior and justifying it in the name of protecting rights of minority community. Ironically for these secular-feminists, supporting Muslim men and condemning Muslim women is secularism and feminism. 

How do they propose to solve the legal issues of Muslim women? 

Some scattered women’s groups are talking of ‘gender-just law’ which they have not been able to differentiate with the UCC, so far. Again no public positioning, no seminars, no public discourse, no debates around it. In effect, a lose floating of concepts not grounded in reality and with no consensus in sight. And if this elusive gender-just law aka UCC, becomes a reality what happens to the existing code bills of various communities, including the majority Hindu? A resounding silence arising out of ignorance and numbing stupidity.  

They say judgments are enough, why do Muslim women need a law? 

They say Shamim Ara judgment is enough. Were other judgments meant for the Hindu community enough? No. A law was required for the Hindus which they got it in 1955. The judgements are also supposed to be made on the basis of a constitutionally passed law. Only judgment based on statutory Acts acquire the force of law. If judgements were enough, then one would not need laws at all. Judgments are not substitutes for law. If judgments were enough, we would only need the Supreme Court. If judgements were enough, Parliament would lose its mandate to exist.  So by this default reasoning let’s do away with laws and legislatures and let us all be governed by the judgments of the Supreme Court. A judiciary is different from legislature, both are important arms along with the bureaucracy. Have we not learnt this basic lesson in our school civics book? But according to these learned lawyers, Muslim women are too inconsequential to be needing a law, for them judgments are enough. If that is not anti-Muslim, what is? If that is not patriarchal, what is? And if that is not anti-constitution, what is? Challenging the very edifice of the country and challenging the need of the Parliament to intervene in the legal discrimination faced by Muslim women – what can be more anti-constitutional than this? Especially for those who swear by the constitution. Muslim women according to them are not citizen enough to be requiring a full-fledged law. Not to forget the complete support to polygamy and underage marriages – all that the ordinary Muslim women is struggling to do away with. So much for feminism !! 

These arguments sound similar to the one’s given by the Muslim right wing, isn’t it? 

Yes, it is. AIMPLB and its ilk have been supporting triple talaak, polygamy, underage marriages, halala, muta, unequal distribution of property, automatic custody of children in favour of the father etc. Speaking the language of the most backward and regressive religious bodies, the feminists have let themselves so low. 

The Muslim clerics have always wrongly insisted that shariah is divine and that no legislation is required in personal matters. Never mind the fact that they themselves approached the Rajiv Gandhi government in 1986 for a legislation or for that matter the British government in 1937 and 1939 for legislations. But telling the Muslim women to not approach the government for legislation, they have stood firmly next to the most outdated and patriarchal groups single handedly responsible for the mess Muslim women find themselves in. But the women’s organizations and so called secular progressive organizations today share panels with the most regressive bodies standing against Muslim women’s demands and aspirations. 

It looks like the feminists have a soft corner for offending Muslim men. 

It is ok for Hindu men to face criminal law if they violate any of the provisions of personal law. 494 applies in case of bigamy, 498 applies in case of dowry, DV applies in case of violence, 125 applies in case of maintenance, POCSO applies in case of underage marriage. But Muslim men should not face criminal charge if they practice triple talaak, halala, polygamy, underage marriage. Why? If Muslim men should be exempt from personal law violations, then they should also be exempt from violations against dowry, domestic violence, and even criminal law violations. And this is exactly what the mulla gang wants. That they should be allowed to have parallel courts and parallel laws and be exempt from the laws of the land. It is for this reason that they opposed the domestic violence act and the POCSO demanding exemption. With whom are you standing, dear feminists??  

Muslim women anyways have gone far ahead, whether it is Shayra banu, Afreen, Isharat, Gulshan Parveen, Atiya Sabri or BMMA with its more than one lakh members. We have found our own way guided by the Constitution of the country and by the Quranic values of equality, justice, wisdom and compassion. It is now upto the state to respond. Muslim women will not wait for another 70 years to get a comprehensive Muslim code bill. WE WANT IT RIGHT NOW!!!