Wednesday, January 25, 2012

Are We Secular?

I am an above average student right from my childhood. I used to love few subjects based on my teachers and how they used to narrate lessons as tales to us. One of such subjects is Social studies.


The first and foremost sentence that will make you proud of your country in civics is the preamble of our Indian Constitution “WE THE PEOPLE OF INDIA having solemnly resolved to constitute India into a SOVEREIGN SECULLAR DEMOCRATIC REPUBLIC and to secure all it’s citizen

JUSTICE, social, economic and political

LIBERTY of thought, expression, belief, faith and worship

EQUALITY of status and of opportunity and to promote among them all

FRATERNITY assuring the dignity of individual and the unity and integrity of the nation”

At the age of 13-14, I may not know what this exactly means, but still I used to be proud of my country no matter what. I am sure most of the Indians are like me.

Shah Bano Case : A sixty two year old Muslim woman, divorced by her husband in 1978, and was denied alimony , filed a case in order to get her alimony. This case reached Supreme Court after seven years. It ruled that shah bano be given maintenance money similar to alimony. Supreme Court pronounced its verdict underSection 125 of Code of Criminal Procedure, which applies to everyone regardless of caste, creed or religion.

Some Muslims under the spokesmen Obaidullah Khan Azmi and Syed Shahabuddin felt threatened by what they perceived as an encroachment of Muslim Personal Law. An organization named ALL INDIA MUSLIM PERSONAL LAW BOARD has been formed in 1973 to uphold what they saw as Muslim Personal Law.

Because of the rift produced by this case in the country the then Govt. passed an act The Muslim Women ( Protection of Rights on Divorce) Act 1986 that nullified Supreme Court’s Verdict in Shah Bano Case.

You can find more details of this case in google. All I wanted to let you know here is my opinion about this case and that is the reason for the brief introduction.

Shah Bano case is marked as a pivotal point in Indian history because no Muslim woman before her has approached court for justice in case of divorce. As an act to protect the personal law of religion our govt. has passed a bill overnight in order of avoiding the wrath of a particular community or let us say a particular vote bank.

Personal Law differs from community to community. I think Hindus has a personal law of taking dowry in present days and taking knya sulkam in previous days. They also had this Sathi Sahagamana previously , but as times changed all those personal laws were ruled out and were brought under a proper Civil Law( these personal Laws Dowry And Sahagamana are considered as offenses under the Civil Law). Every religion respects their own personal law the most. But as a secular country do we actually have a Common Civil Law to be enforced on everyone apart from their cast, religion or sect who comes to courts for justice? We can exert pressure on Govt. in such way to influence it to make acts, if we have significant vote banks to back us. We state we are Secular, I just want to question myself, are we really Secular? Does the meaning of secular very clear at the very least to our leaders ( I am leaving common people here)

Personally I feel people should respect and act upon their own personal laws, but once the case or issue comes into judiciary or civil law boundaries, no community should exert pressure on the Govt. so as to make sure that our preamble is not just statement that we read but a promise that we make to overseleve and it is  not meant to be broken by ourselves( Indians).