Tuesday, 6 June 2017

Struggle of a Muslim Women in India: Diversity in Feminism

Index of modernization of any society lies in the position of its women vis-à-vis men, the more balanced remains in opportunity for men and women, the large the role women have in society. However, things are not so when it comes to a Muslim woman. In spite of various ameliorative efforts for the improvement in the status of women their condition has not improved much. The thinking that a woman is a commodity who has to bear the critical nuances of religion needs to change. For this change to come, a good religion or law is needed which can cope up with the demands of our progressive society.
Change is essentially needed as an effective tool against the prevailing clamour pertaining to the Muslim community. The rationale behind this blog is not to put any impression against any religious sentiments of the Muslim community, rather to throw a light onto those painful issues which are putting the persons of this particular community in agony. In spite of having all legal rights with regard to marriage, property, etc., the Muslim women have been deprived of all such enjoyments.
But, being a part of this developing nation, we cannot put these issues aside by considering it to be an interference with Islamic law & tagging and confining them as a private matter of Muslim’ community. It’s the need of the emerging time to scatter the rays of happiness in the life of these suffering women.
Moreover, it is presumed that Muslim women are also been given the equal right to divorce as a Muslim man has; Yes, they obviously are having such rights. But to procure those rights or to enforce those rights, one ought to need the free circumstances in which they can easily exercise such right without having any suppression or fear with regard to any future happening against them.
The concept of triple talaq, for example, can be said to have been misused by the people; falling prey to such age-old practices of ritualistic traditions cannot be considered as their (women) own folly. But as of now, triple Talaq, which is being blown out of proportion as an issue, can actually be a boon to many an abused woman. To go on harping on triple Talaq as though it is the monster that breaks marriages and oppresses women, is ridiculous.
However, if we talk about the concept of the triple talaq, it evokes curiosity to many question, i.e,
• Whether the Muslim women are not considered to be the part of this country who are not befitted to be entitled for all such rights which are enjoying by other women in this county?
• Whether they are here only for rearing child within the four walls of their homes?
• Why they would always be considered as a commodity and a subordinate one, who are forced to accede to all sayings of their husbands?
We can’t leave these questions unanswered. Certainly, any religion cannot be presumed taking away the means of living from any individual, especially women. Therefore, a person can’t be deprived of any of his/her right under the disguise of religious belief. Further, the lives of Muslim women cannot be allowed to be ruined” by the contentious custom.

The ideology behind the concept of triple talaq which has been disfigured by the people now-a-days, is not something in tune with what Quran has provided for; the justifiability of triple talaq has been faded away by the people in present times A religion can’t be brought forth to supersede the nobles and ideals of the Indian Constitution.

Hence, a state or a country cannot be considered as a prosperous one until and unless it’s been capable of being a source of inspiration for others (country), by amicably fulfilling all the pre-requisites of a welfare state. As we all know that India is a diversified nation. Hence, for the sake of maintaining the dignity of all, irrespective of their religion and sex, a revolutionary step ought to be taken in spite of the fact that it would, after a while, be considered as an interference with the personal laws. Even, the latter are not set free to strangulate the human rights of any person. A good law is one that is viable enough to be changed according to the circumstances that prevails.

Ms. Shovonita Acharjee.
Assistant Professor
School of Law.

Jims, Greater Noida

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