Shiban Khaibri
What should have happened during the earlier governments in the country, has now started taking place in the shape of taking small but cogent steps towards building a New India and ushering in a new epoch. Could there be any other country with as much resources of land, water, forests as also human resources where more than 53% of the population were without facilities of proper toilets and where a Government that appears to be serious about performing and does perform , takes upon itself the onerous but the basic duty of educating the masses about the utilities and benefits of using toilets instead of open fields, railway tracks and drains for the purpose and launches an official “Swachita Abhiyan” or cleanliness drive which besides having and using toilets, includes keeping one’s surroundings neat, clean and tidy. Not bothering about some jeers, puns and irrelevant criticism by Congress led some opposition Parties in respect of this aggressive cleanliness drive, the Prime Minister himself took lead in this direction involving ministers, celebrities, social activists and others in this noble cause and after three years, we see that there are phenomenal encouraging results , an answer to those who used to deliver only speeches on Oct 2, with a passing reference to Gandhi Ji’s insistence to keep surroundings clean but doing practically nothing on the ground. This is the topic dealt with here only for a passing reference to make the other issue which this writer is attempting to speak about, more clear.
August 22, 2017 shall be remembered as a very important day in the history of India when a five judge constitution bench, with a majority of 3:2, set aside the age old practice of instant triple talaq terming it as unconstitutional , arbitrary and which violates the right to equality of Indian Muslim women. Justices Rohinton Nariman and U.U. Lalit found “this form of talaq arbitrary as material ties can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it”. The Justices further held that “this form of talaq must, therefore, be held to be violative of fundamental right contained under Article 14 of the Constitution of India.” Justice Kurian Joseph held the view, “…..Merely because a practice has continued for long that by itself cannot make it valid if it has been expressly declared to be impermissible.” This landmark judgment is a massive step towards elimination of gender inequality and a giant step towards a New India. It surely paves way for a uniform civil code or one Law and one Nation.
It would amount to doing injustice if two personalities are not talked about in these lines about this epoch – making event. The first whom this writer personally holds in esteem is Arif Mohamad Khan who way back in 1986, quit the Indian National Congress due to differences over the passage of the Muslim Personal Law Bill which was piloted by the then Prime Minister Rajiv Gandhi in Lok Sabha over Shah Banoo case, thus reversing the SC judgment which otherwise was in her favour . Arif Mohamad Khan openly supported the verdict of the Apex Court in favour of Shah Banoo and strongly opposed the triple talaq issue and resigned as a Cabinet Minister and from the membership of Congress. What the aggrieved Muslim women felt increasingly later, on account of the triple talaq , Khan had done it openly and rather revolted against the scourge three decades back . A strong supporter of reformation within Muslim community in tune with the changing times, Arif Mohamad Khan , a writer, a thinker and a reformist held the view years back that triple talaq should be made a cognizable offense punishable with three years in jail. Arif Sahib wants abolishing of All India Muslim Personal Law Board.
The second personality is Zakia Soman who perhaps, among the women, is the first to raise the banner of revolt against this 1400 year old practice, who reacting to the historic judgment said, “It is a milestone in our long journey for equality, it is not the end of that journey.” Co- founder of the Bhartia Muslim Mahila Andolan, one of the petitioners against the triple talaq case in the SC, she says, “We have suffered harassment and attacks of all kinds, this is victory of Muslim women across the country and it is the constitutional duty of the Government NOW to pass a Muslim Family Act.”
Late Rajiv Gandhi with unprecedented mass support, of over 400 in the Lok Sabha could have done wonders; instead he succumbed to the pressures of the conservatives to reverse the progressive judgment of the Apex Court against the detriment of thousands aggrieved like Shah Banoo. It gave the Congress party votes but it resulted in gross injustice to thousands of Muslim women and it resulted in our lagging behind even a failed state like Pakistan which, way back in 1961, brought refined and reformed talaq laws, not to speak of other Muslim countries. A top functionary of the IMPLB, Zafaryar Jilani on a sting by a leading TV channel admitted that Congress was compelled to keep quiet as it was fearing to lose Muslim votes ., “they were persuaded not to interfere”. Another noted cleric, Maulana Idris also on tape admitted that “Parties like RJD, Mulayam Singh’s Samajwadi Party, Deve Gowda in Karnataka and Mamta in Bengal would continue to get our support as they are committed not to interfere in our religious affairs. We have no problems and we will live like free birds.” The same views were expressed by Maulana Ateeq who threatened of resisting if political system was used to interfere in “our matters”. Cabinet Minister in Mamta Ji’s Government Sidiq Ullah Chowhdry, also President of Jamait-e-Ullema-i-Hind openly said, “We oppose the SC verdict and it is unconstitutional, we will not abide by it.”
AIMPLB stands fully exposed as over the years it appeared serving the interests of the Congress party and both acting in quid-pro-quo which gives strength to the view that the Board should either wind up on its own or the government should step in to do the needful. The time is also for preparations, debates and discussions across sections of the society to arrive at a consensus on a Uniform Civil Code in this country. It is already overdue.
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