Showing posts with label Common Personal Law. Show all posts
Showing posts with label Common Personal Law. Show all posts

Monday, October 13, 2014

Muslim Backwardness- Discussion

Now let us come back to the topic of discussion. Some of the keywords which have come up after this much discussion are
#Muslims #Backwardness #Education #EconomicCondition #Religion #Islam #CasteSystem #Class #Politics #Governance #Constitution #SocialPoliticalEconomicReligiousReforms  #TwoNationTheory #Pakistan #Language #Culture #Identity #UniformCivilCode #Madarsa #Modernisation #Backwardness #Western #Values #Laws
Now there are some issues which need a separate discussion and if they are initiated I will be happy to contribute on any of the above mentioned tags or their correlation. As basic rules of the discussion, I choose not to comment on the Political Parties and their ideology as well as the great personalities and even they as individuals can be a topic of discussion in separate threads.
Now let us see the basic question here. What is the reason of backwardness of Muslim Community in India? Timeframe is Post Independence although references have been drawn from history to see the present context.
·         The issue of language in the Civil Services was just an example and whatever the rules of the game are, the students from all the communities have to pass with flying colours to be a part of the services which is fair enough. To help some classes, reservation has been provided which is again a debatable issue but let’s leave it there. Raunaq has given the explanation and I don’t think I would like to add anything on that except the history lesson. So the history starts in the eighteenth century when first formal education hub was started by Warren Hastings known as Calcutta Madrasa in 1781. At that time everyone used to get their primary education in Madarsas only till the 20th century if you can recollect information from history books. At that time they were the Primary Education Centres of learning where hindus, muslims, Sikhs, all studied together the Persian, Urdu, Mathematics also known as Hisaab and other stuff. Then started the renaissance (Both Religious, Linguistic, Social, Intellectual, Political, and so on). This where the birth of divide started. THE TWO NATION THEORY. The reason was more cultural and less religious initially as Culture and Religion go together. Dayanand Sarwasti started the Arya Samaj in 1875. Wrote Satyarth Parkash. Started the revivalization of modern Hinduism with focus on puritanism.  Started the DAV schools where there was both modern education and religious intertwined training was imparted. The students who used to go to Madarsas started going into DAVs and other such Sarswati Shishu Mandir. First step of division started. Madrasatul Uloom Musalmanan-e-Hind or AMO now AMU (Aligarh Muslim University) was established in 1875–78 by Sir Syed Ahmed Khan. Modern as well as conservative learning centre for Muslims in north India. We must mark the year here which is 1875 and we are talking about schools here. Later on the BHU (Banars Hindu University) was established in 1916 by Pt. Madan Mohan Malviya. The AMO was converted into AMU in 1920. Now, we are talking about, higher education which is important for service. The madarsas have now gone into backdrop due to rise of DAVs, Other Missionary Schools, and class division has started. So, those who can afford will send their kids to Missionary Schools, those who want Muslim modern elite education will send them to AMU, and there is BHU as well for those who need it. Now started Hindi, Hindu, Hindustan and rest is history in the books. I just wanted to put language in right context and primary education and shift of kids from madrasa and start of their decline in the daily lives.
·         Now let us take the correlation of education and Madrasas and Muslims. Madrasas are for higher education and Maqtabs are for primary education though in India we mostly call the both of them as madrasa. In India now less than 5% muslims go to Madrasas for primary education and higher education is even less and is basically limited to theological education. When we talk of modernisation, I see Madrasas going back to the period in the 17th century where children from all the religions studied together. That is a distant dream in 21st century India. So, if we see Christian missionary schools, there is a huge queue of admission of all the students across the religions and none for madrasas. So, if there is any kind of modernisation, the Madrasas has to be at par with the top schools in the country, and I would like to see if we can create such a specimen.  This requires the support both from the government and the community. Untill and unless we have such Madrasas where the muslims parents can send their kids and don’t have to worry about choosing between a Madrasa and a modern school, the divide will persist. Only poor muslims now are sending their kids to madrasas or the other muslims send their kids to madrasa for theology and to school for modern education simultaneously for obvious reasons of saving the cultural identity and not lagging behind the modern world. Article 30 (1) provides for the right to establish education institutions of choice “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice”. This has not really materialised for practical difficulties at the ground level and the apathy of the Muslim community as well. The basic problem with most of the Madrasas in India is that they are afraid to take aid from government and are being run mostly on donations. There is a fear among the Madrasa management that govt. aid will invite govt. interference in curriculum as well as most Madrasas are run by Maulanas who are basically theologians and not educationists. So the need is to establish modern primary education centres for Muslims either by themselves or through state support which are really modern and these institutions should not be exclusive for Muslims but become a centre of excellence for all. I don’t see the Maulanas taking a lead to modernise the madrasa although some efforts are taking place but again then the focus will be more on theocratic education and less on outside employability. I am leaving apart the sincerity part from various governments as that will take a political angle. My basic point is alternative primary education and secondary education.  
·         Now let us come to the legal part of backwardness. When we talk of Muslim Women empowerment the need for a Uniform Civil Code on humanitarian grounds is the need of the hour. Let’s mark here that the code should be uniform across all the religions and not a Common Civil Code. (Uniform / Common, see the difference). Some of the major issues are related to marriage, divorce, and guardianship. These are an issue of discussions in itself but I will give a few examples. For example, the Muslim guardianship rules do not recognise the mother as the natural guardian post the father’s death, which is a serious flaw in the present nuclear family driven society. The maintenance issue post-Divorce is another debatable issue (read Shah Bano judgement).  If women are not empowered, that society cannot be empowered. So, we can attribute some weightage to this fact. Uniform Civil Code should include all the good things from all the religions and that is when it will be successful. Hindu Marriage Act 1955, Hindu Succession Act 1956, Hindu Minority and Guardianship Act, 1956 were some of the brainchild’s of Dr. Ambedkar and he resigned from the Nehru’s cabinet on these issues only but later on Nehru was able to get these acts passed in the parliament. These acts simplified many things and helped in solving the economic and social problems related to inheritance, guardianship, and stable marriage. But sadly that has not been the case with Parsis, Muslims and Christians laws as they are still under their separate personal laws which are good and bad both in different cases. Personal law is an interesting topic to discuss and later on some more discussion we can have.

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Monday, March 17, 2014

Common Personal Law

We have to insist on a common personal law for all citizens of India. All marriages in India must be registered under a common civil code. Children born of inter-religious marriages should be free to practice any religion but only after they reach legal age of adulthood.
          - Hamid Dalwai (Muslim Politics in India)

The above view of Mr. Dalwai is the perfect recipe for a secular India, which is the fundamental value of the constitution. It will also put a curb on the showbiz associated with the marriages. If all the marriages will take place in front a registrar, the cases of dowry will be reduced. Marriage which should primarily be a personal affair has been a social affair, which puts pressure on both the parties to bow down under the societal pressures.

The word used is common civil law and not uniform civil law, which was advocated by the constitution makers under the Article 44 of the Directive Principles of the State Policy.
So it goes one step ahead of what the constitution makers intended .

With more inter-religious and inter-caste marriages, we will move towards a more inclusive and integrated society and there will be tolerance for different faiths and belief systems.

Children born of inter-religious marriages will have no religion by birth, and they will then reason out their religion which they want to follow.

A common personal law will solve the issues of marital disputes with uniformity and the relief to the aggrieved parties can be then based on uniform laws. The need to convert to different religions for taking the benefit of personal laws will also get denounced.

"Religious conversion should not be allowed, except when the intending convert is adult and the conversion takes place before the magistrate."
 - Hamid Dalwai

When the conversion will take place before a magistrate, there will be no reason the religious heads will say that it was because of their persuasion and fights between the communities will be less as this type of conversion will be a more private affair as the religion should be.




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