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The Indian Constitution says that India is a secular state where no one is to be discriminated on grounds of caste, class, gender or religion. As a kid I used to be overwhelmed on reading these lines.
I used to feel safe and secure thinking that what a lucky person I am to be a citizen of a country which prides itself in being fair and equal to all its citizens.
But as I grew and began to read outside my school books and saw what is happening in real life I started realizing how limited are the boundaries of this equality, security and safety that the constitution provides.
Almost everyday one gets to read/hear of incidents where young people are being murdered, lynched or hacked to death because they have made the mistake of loving/marrying someone from another caste; of honour killings and rape of women being ordered and absurd decrees and judgement being passed by religious clerics or Panchayats in the name of religion, community and moral honour. And as I read about these incidents I often find asking myself is this real, which era are we living in?
Imrana’s story is why I write this post. A 28 year old Muslim woman Imrana, mother of five children and the wife of a rickshaw-puller, in Kukda village in Muzaffarnagar district of Uttar Pradesh was raped by her father-in-law. The incident was initially kept a secret but gradually Imrana’s brother came to know of this and he beat up Imrana’s father-in-law and called for a Panchayat meeting. The local clergy at the Panchayat passed the verdict that since Imrana has had a sexual relation with her father-in-law her marriage to her husband is illegal and void and that she could no longer live with him. Following this Imrana was sent to her parental village.
As word got out women’s organization and non-government organizations intervened to bring justice to Imrana. They got the police to register the rape and questioned the decree that was passed by the local clergy. Higher religious bodies responded with caution. On the one hand they upheld the edict of the local clerics and on the other held that Imrana was free to marry anyone else beside her husband.
A recent judgement passed by the court has found the father-in-law guilty of rape. But the question that still lingers on and is the centre of controversy and which everybody is trying to shy away from is whether Imrana’s marriage is valid or not. Imrana initially stated that she wanted to stay with her husband but later stated that though she wanted her father-in-law to be punished for the crime she would abide by the Shariat, her only concern being, the well-being of her children. So while her father-in-law commits the crime her entire life falls apart because of some religious decision, which is meant to be deemed as law.
It’s pointless to argue whether the Shariat law is biased or absurd, whether Imrana should accept the Shariat law or why she has decided to accept the Shariat as her fate. For that is the logic of religions and their power elite.
All I know is that Imrana was raped and her human rights abused. Like other women who have been abused and assaulted Imrana too is suffering from pain, anguish and trauma of the violation and invasion of not only her bodily integrity but also that of her mind and spirit. Like for any other human being even for Imrana the forced social dictums and the pressure of redefining what are her sexual rights are acting as a deterrent to her freedom of choice and her decision making powers as an independent individual irrespective of her religion, caste, class or ethnic background.
Being brought up with the knowledge that we are living in a democratic and secular state reinforcing Imrana with her rights ought to be the first concern. And yet when Imrana’s case is put in front of many of us we wash our hands off it by terming the matter as ‘their’ problem or as another instance of the conservative nature of a community that is different from ‘us’. Shah Bano and recently Gudiya’s case are one of the many to remind us constantly of the split state of human dignity and access to women as a gender in our country. Many who believe in equality for all will frown, fume and condemn the absurdity of the decision of the clergy and the personal laws but will always shrug it off with comments like “India is a secular state and ‘they’ have the right to practice ‘their’ personal laws.” And this is how everyone absolves himself/herself whether in the judiciary, the government, the media or the masses.
Any form of violence or abuse is ultimately a violation of an individual’s dignity in a civilized society and no prophetic revelation need inform us that this is independent of religious or social identities. Then how do we allow for such gaps to be constructed which bring about this ‘Us and Them’ divide in situations where there has been an abuse of rights and a disrespect of personal boundaries and emotions? It is clear in Imrana’s case (and in cases similar where perhaps religion is substituted by other social identities) that her religion, her social background is pointed out as what justifies her experience as different from ‘others’.
The Imranas of my times make me wonder whether we are all living in the same time frame or in fractured time zones? How does the same State which guarantees me an ‘identity of rights’ as a citizen fail abysmally for so many other women? Is ‘secular’ really a greater ‘good’, a truly ‘progressive’ State or liberal somnolence which veils injustice in the name of respect and tolerance for religious and cultural differences?
Is this what secularism is all about where freedom of expression, speech and choice of practicing ones religion is attained at the cost of human rights and dignity? Is this the democracy that we pride over where the right to live with dignity and respect is limited to a few ‘us’ and out of reach from a large ‘them’?
Posted By Chaitali Dasgupta - 10:56 AM Tuesday 31 October 2006
Chaitali
You've put a very interesting spin on this story. I guess this is a complex issue. On one hand I totally agree with you when you say that secularism can and does lead to divisionalism and that there is actually always a larger majority which thrives and perpetuates its interests under the safety net of a secular state.
However when it comes to Muslims I think there is a slightly different problem in addressing issues. Over the years Muslims have become very beligerent about their religion, their identity and their 'own' laws and I think frankly people are just increasingly scared to take them on, because they are increasingly intolerant of other views and opinions, especially when it comes to what they consider 'mine and our own'.
The debate however that you raise stands valid but I'm just not sure what the alternative is when one deals with groups which are so non-secular in their thought process????
Posted by
Hello people
Rolled into ur site by accident. Great discussions. BTW Chaitali what is really sad is the way the media then makes it look like these women are dying to comply by the Shariat ruling and its all very kosher in the end. Saaaaad m'dear but as you say its so much easier to just let 'them ' deal with it since no one is really listening to any other opinion.
Hey came thru ur Rakhi Sawant post. Liked it!
cheers
Posted by
Mehak I quite agree with you. Mein apki baat se sehmat hoon. I'm not media bashing as such because at times the media does manage to bring important issues on the forefront (though these days that is very very rare). But it is true that even if we look at the media's manner of reporting such stories there is a tendency to just reestablish, without any attempt at questioning, the inclusiveness of the Muslim community as Anusheh has stated.
They are just further strengthening the view that already most people hold about the Muslim women being subjected to discrimination by the religious clerics. But koi bhi attempt nahin kar raha hain ki iss baat ko ek do kadam aur agey bara kar rights as a citizen, jo ki Chaitali ne mention kiya hain, ki aur le chale. There is n attempt to move beyond the religious issue to the issue of rights as a citizen as a human being. There are a few attempts here and there but very half hearted.
Anusheh I guess the most obvious answer would be the much debated Uniform Civil Code. But then every inclusive group is fearful that it will lose its 'identity' and power. So people are really not concerned about dignity, respect etc but about power. It's a shame but reality as it exists.
I think people also need to buck up and voice their opinion. I know for many it is tough because they are in an environment where raising ones voice against the leaders and tradition means death, extermination from their community, village etc. Par kahin se to shuruat karni hogi! To kyun na hum khud apne mind se shuru kare where we try to avoid this disctinction.
Sometimes I wonder with so much of inclusiveness/excluviness where does the slogan 'Unity in Diversity' stand? I don't see any Unity these days but more and more Diversity and with it chaos, confusion and every group trying to build a wall around it, creating its own laws.
Posted by
Hi Mehak, Simran, Anusheh,
I know that this is a very complex issue and has been again and again debated upon by many. But these are questions that comes into my mind everytime I hear about such incidents and the reponses of people to it.
It is wrong to say that a particular religion thrives on inequality. It is inequality that thrives on religion. One has to fight this inequality and not the religion. I think this is what most of us seem to miss out on and end up bashing religion.
Posted by
When people will not change what can other do? It is there repsonsibility to not make their women slaves and let them out of burqa. what can we do when they tell us we are kafeers. why should we interfere then?
Mili
Posted by
Mili,
If that is the case then when as a women when you face injustice and scream out to the world to bring you justice many people and here I mean men can turn around and say 'why should we care. it's you women's problems not ours.' But thats not the case is it?
Par haan, women need to also fight it out and not quitely sucumb to any injustice.
Posted by
My dear sisters(especially Mili and Chaitali):
I am a Muslim born in Kashmir,i m 18 and when i was born the turmoil winds had already started blowing here.Now whether all that this started for was right or wrong i dont know and personally i think it was not justified..Dear Mili but what the question to be answered is whatever that is happening here right now,whether that is wrong or right.You know since 2000 there have been about 300 disappearences and more than 200 rapes and in every case indian army personnels are involved..Every day we hear our sisters being raped and brothers being killed and that too without any reason.Miss Chaitali i have read many of your articles and i m very impressed by the way you present yourself,but let me tell you,you write just for the sake of writing without analyzing the situation.If you think you are really concerned about human rights then why dont you stand up and fight for Kashmiri women,is it b'coz they are getting raped by Indian officers.Dont u think that your above article is just written for the sake of writing.Dear Chaitali i dont want to critisize ur ideology but if you take human rights as your topic,dont try to express what you feel,express what is true and pragmatic.Ok tell me does our indian law in any way give justice to the mothers of the disappeared Kashmiris,although they have evidence for every crime?.I m a common kashmiri help me damn it..This is where u give birth to 'us and them' not we..And Miss Mili our India burns in riots because there are some selfish people and selfish can be a Muslim as well as a Hindu..Sister Mili u need to read the works of Arundhati Roy,she is also a Hindu girl but to us she is dearer than our sister coz she,although with her pen,is fighting for a right cause...Please forgive me if i offended anyone..May Allah bless us all.
Posted by
My dear sisters(especially Mili and Chaitali):
I am a Muslim born in Kashmir,i m 18 and when i was born the turmoil winds had already started blowing here.Now whether all that this started for was right or wrong i dont know and personally i think it was not justified..Dear Mili but what the question to be answered is whatever that is happening here right now,whether that is wrong or right.You know since 2000 there have been about 300 disappearences and more than 200 rapes and in every case indian army personnels are involved..Every day we hear our sisters being raped and brothers being killed and that too without any reason.Miss Chaitali i have read many of your articles and i m very impressed by the way you present yourself,but let me tell you,you write just for the sake of writing without analyzing the situation.If you think you are really concerned about human rights then why dont you stand up and fight for Kashmiri women,is it b'coz they are getting raped by Indian officers.Dont u think that your above article is just written for the sake of writing.Dear Chaitali i dont want to critisize ur ideology but if you take human rights as your topic,dont try to express what you feel,express what is true and pragmatic.Ok tell me does our indian law in any way give justice to the mothers of the disappeared Kashmiris,although they have evidence for every crime?.I m a common kashmiri help me damn it..This is where u give birth to 'us and them' not we..And Miss Mili our India burns in riots because there are some selfish people and selfish can be a Muslim as well as a Hindu..Sister Mili u need to read the works of Arundhati Roy,she is also a Hindu girl but to us she is dearer than our sister coz she,although with her pen,is fighting for a right cause...Please forgive me if i offended anyone..May Allah bless us all.
Posted by
Dear Khawar,
Definitely what is happening in Kashmir to many women and mothers is nothing but yet another example of what a sham Indian democracy is in. The examples that I have given in the article are only a few of the others. People are still being killed and humiliated in the name of caste, class, religion, region.
Everyone has their way of fighting for a cause. Arundhati Roy has her way. R.K laxman has his way. People writnig on this blog have their way. I'm not an activist but I make my voice heard even if it is to 3 or 4 people visiting the blog. That is my way of bringing forth the issue of injustice and human rights.
And no I have not written the article for the sake of writing. I write when something comes to my notice which deeply moves me. The story of Imrana came up in the newspaper one day and I wrote on it. But the article is not just about Imrana. If you read it carefully it is about injustice and discrimination against people in the name of democracy. You can replace Imrana, with a mother who has lost her son or daughter due to violation of human rights.
I would like to thank you for bringing up the issue of the violation of human rights in Kashmir. Few months back NDTV did an article on 'Missing Sons' and the story made me cry. But it also made me feel proud of this particualr mother who has been courageous enough to take up this cause and fight for rights.
We have an open forum on the blog. Go to archives and you'll find it. You can voice yourself on the forum too. THta is what this blog is all about.
Take care
Chaitali
Posted by
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Chaitali, yes this is something that we really need to think about. Will be back later