Wednesday, May 17, 2017

Complete Double Standards

The Supreme Court is hearing arguments on the contentious issue of Triple Talaq of Muslim women, a practice that every Islamic country has banned, but which remains on the books in India through the convoluted system of religious personal laws. Going by some of the observations of the court that reporters are pointing out, it seems that the Court is determined to know whether the disgusting practice is really a core component of Islam or whether it can be struck down. This smacks of double standards.

That the Indian Republic has a distinctly anti-Hindu bias is no surprise - a simple reading of the RTI Act, sections of the Constitution that provide extra protection to religious minorities, the ownership of religious places of worship, and much more, all point out to the fact that, while declaring India a secular country, the founding fathers certainly seemed to believe in the Two-Nation Theory. The farce of a hearing in the Court simply reinforces that, for when it comes to Hindu cultural and religious practices, the Court seems to have no trouble in ending thousands of years of tradition. The chaos that reigned in Tamil Nadu after Jallikattu was banned by the Court is just a case in point, and it eventually led to the legislature having to step in to reverse the damage, for which the Court never seemed even mildly apologetic.

In the Triple Talaq case, the fact that the system leaves women to the arbitrary whims of their husbands, the fact that the future of children can be wrecked at the drop of a hat, or the simple fact that it is dehumanizing and causes particular angst to Muslim women, all seems to have been missed by the Court, which only wants to know whether the practice is sanctioned by Islam. So what if it is (it isn't, by the way)? Beheadings, lashings, cutting off hands and much more are also sanctioned by Islam (and practiced is the most Islamic country of all, Saudi Arabia). Does that mean they're OK? Where does the Court draw the line? And if religious traditions are really so important, what stops the Court from allowing the Ram Temple to be constructed at Ayodhya? If Triple Talaq is to crucial for Islam, then the birthplace of Ram is equally crucial to Hinduism, whereas Ayodhya does not even appear in Islamic scripture.

Let me call a spade a spade - the Court is as anti-Hindu as the rest of the Nehruvian government system. And because of the colelgium system, it is not going to be fixed by merely an election. When it comes to Hindu traditions, the Court is willing to run roughshod over all voices to impose its social view. But when it comes to minorities, specifically Muslims, it needs to be extra generous. If this is not Two-Nation Theory, what is? Separate electorates ("only Muslims can represent Muslims"), separate laws, separate courts - what was the need for Pakistan when India could've just continued to be a Mughal Empire?

I think that the Court is going to do nothing about Triple Talaq. The way it simply brushed off the related issues of polygamy and Nikah Halala points to that. In the case on Sec. 377 too, the court simply shrugged off its constitutional role in protecting fundamental rights, choosing to throw the ball at the legislature instead (but on Hindu traditions, it would never dream of waiting for elected representatives unless it is to clear the mess that the Court itself created). The court will simply say some wise words and leave it to the legislature. Welcome to the anti-Hindu Republic of India. 

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