Three decades have passed since the Shah Bano case, but the Muslim clergy has done nothing to create an endowment or support mechanism for many deserted women | Wikimedia
On August 22, the apex court set aside talaq-e-biddat (instant triple talaq) as unconstitutional, which the board sheepishly welcomed. Since the AIMPLB had taken a stand that such issues had to be resolved through legislation, they should have issued a draft Bill for public debate – which they failed to do.
For nearly four months, between August 22 and December 15, when the Bill was proposed in the Lok Sabha, the board did not organise any awareness campaigns or mass mobilisation. When the Bill criminalising talaq-e-biddat was proposed, these forces suddenly became hyperactive. Even now, a highly uninformed, in fact misleading, emotive mobilisation is underway.
Rather than publicising the lacunae of intents and implications – whatever they see in it – in the proposed Bill, and rather than coming out unambiguously against the un-Quranic talaq-e-biddat, they are defending and safeguarding it shamelessly.
The proposed Bill provides for “matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife… and of the dependent children”. The board, while rejecting this Bill, is not proposing how to address these pertinent issues.
Here it needs to be added that under the old provision about ‘vagrants’ in the 1898 code, courts had time and again held Muslims to be liable for their pauper wives/ex-wives who were abandoned or divorced for the simple reason that the provision in question was one of criminal and not civil law.
This was reiterated in the 1974 Code of Criminal Procedure as well. The Muslim leadership may have been justified in 1986 had they led a protest against disparaging, sweeping remarks (in the judgement) about the obscurantist Muslim law without questioning the relief given to Shah Bano and other similarly situated women, which basically reiterated the position that held the field at least since 1898.
Quite importantly, talaq-e-biddat is prohibited in many Muslim-majority countries as well, and most of the Muslim sects disapprove of it. Yet, this regressive practice is sought to be perpetuated by the clergy. This is certainly a serious assault against the cause of secularism. Something they inflicted in 1986 as well, with a cry of Islam being in danger, and the secular parties were complicit in it.
A closer look at the political history of the Indian republic clearly suggests that every political formation and its leadership need frightened Muslims.
The political formations, pursuing politics in the name of secularism, secured Muslim votes en bloc by frightening them with communal violence. Providing protection from such violence was demonstrated to be a special favour to the religious minorities. This went almost without any judicial trial against the rioters, politicians and the partisan police officers.
In the post-Congress era, the single caste/dynasty-based regional formations did the same. Muslims were not allowed to concern themselves beyond protection from communal violence. To sustain and perpetuate this politics, the Muslim leadership counselled its constituency to remain concerned solely to the religio-cultural and emotive issues, through which, regressive patriarchy also perpetuated.
In the name of plural-secularism, the kind of politics that was pursued, over a period of time, revealed to many that it was basically a favour to Muslim conservatism and communalism – a politics of minorityism, rather than of secularism per se. This is how, significant sections of Hindus have been made to loathe the very idea of Indian secularism. This partly explains why and how the BJP and its affiliates have now become a hegemonic political force.