Marriage For Muslim Girls

SC Notice To Govt On Uniform Age Of Marriage For Muslim Girls

The Supreme Court on Friday issued notice to the Centre on a petition filed by the National Commission for Women (NCW) to make the minimum age of marriage for Muslim girls the same as that of persons belonging to other religions.

A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha sought a response from the Centre within four weeks.
The minimum age for marriage in India is currently 18 for women and 21 for men. However, the minimum marriage age for Muslim women is when they attain puberty and 15 years is presumed to be that age.

The NCW said that allowing Muslims to marry at the age of puberty (around 15) is arbitrary, irrational, discriminatory and violative of penal laws.

The plea said even the Protection of Children from Sexual Offences Act (POCSO) does not provide for those under 18 to consent to sex.

It said the PIL was filed for enforcement of the fundamental rights of minor Muslim women to bring Islamic personal law in consonance with the penal laws applicable to other religions.

Earlier, the apex court agreed to examine the plea of the National Commission For Protection of Child Rights (NCPCR) against an order of the Punjab and Haryana High Court which said a Muslim girl of 15-years-old is competent to enter into a contract of marriage with a person of her choice under the Muslim Personal Law.

It had issued notice to the Punjab government and appointed senior advocate Rajshekhar Rao as amicus curiae to assist the court in the matter.

The High Court in June in its order had cited the provisions of the Muslim Personal Law on marriage to rule that a 15-year-old Muslim girl was competent to enter into a contract of marriage with a person of her choice.

The NCPCR sought to ensure the proper implementation of statutory laws that are specifically in place to protect children below the age of 18 years.

The Commission highlighted the provisions of the Prohibition of Child Marriage Act (PCMA) 2006 and the Protection of Children from Sexual Offences Act (POCSO) to put forth its reasons for challenging the High Court ruling.

NCPCR said that the order is violative of PCMA which, the petition said, is a secular law that is applicable to all.

“The provisions of POCSO say no child below the age of 18 years can give valid consent,” it said.

The high court order had come on a plea by a Pathankot-based Muslim couple that had approached the court seeking protection after allegedly being threatened by their families for marrying without their permission.

The girl and a 21-year-old man had said that they got married as per Muslim rites and ceremonies.

The High Court had granted protection to the Muslim couple noting that the law is clear that the marriage of a Muslim girl is governed by Muslim Personal Law. (ANI)

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The Politics Behind Hijab

‘All Women Must Support Muslim Girls’ Right To Wear Hijab’

Smriti Hegde*, a school principal in Gulbarga (Karnataka), says the politics behind hijab row seeks to fracture the social fabric of the country

It’s sad to see how girls, once again, are being targeted for their choice of clothing — jeans, T-shirts, shorts and now hijab. It’s more painful to see this time, as these girls are being denied of education because they chose to wear a headscarf.

I sense a lot of politics in it. I have the same questions what others have. Since my school days I have been seeing Muslim girls, many of my friends, attending schools in hijab. This issue never came up. One day, we hear that girls in hijab are not allowed in schools. This hijab controversy has been forcefully created.

The purpose of schools was to provide education and not divide children on the basis of gender, colour, caste and religion. This is also affecting the minds of innocent children. The main aim of the education was to develop the thinking and mindset which adopts everyone, but young children are learning something else — differences between communities. I am afraid even among children it’s gradually turning into ‘us’ vs ‘them’ issue, which is extremely bad for the society and the country.

Since this hijab issue started, I am observing our students very closely. This controversy has been going on far from here but I can see the shift in their behaviour. The camaraderie among students of two different faiths seemed to be waned. I sense a kind of cold war among them. It’s extremely disheartening to witness this. We never grew up like that. Some of my close friends are from Muslim community. Religions never came between us.

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I blame the politicians for it. They are destroying an entire generation for their temporary electoral gains. Had the government wanted, they would have nipped the issue in the bud. But it appears that it was rather allowed to spread — from one school to another. Then, we witnessed disturbing videos where students were clashing with police. Kids, who were supposed to be in schools, they were brought on roads with stones in their hands.

I personally believe that women from all faiths should come together and support Muslim women. This is not a matter of hijab. I am afraid that today, it is about hijab; tomorrow, they might force Hindu girls to wear sari.

While this controversy is going on, there’s one group of people who advocate of barring all kinds of religious activities from schools. However, I am of the different opinion. India is a highly religious country. People practise their faith openly and removing the sign of religions from schools is not going to remove religions from the personal lives of students. We should rather teach assimilation and the idea of tolerance to students, who can develop the idea of India where everyone can live peacefully together despite having religious differences.

As told to Md Tausif Alam

*The name of the narrator was changed on request as she argued that “the hijab issue has deteriorated to a level where I can’t even express my opinion freely”

Muslim Women Startups

‘Hijab Ban Is A Toxic Mix Of Sexism & Communalism’

Dr Ruha Shadab, who provides mentorship to Muslim women startups, says better education and female participation in national workforce are bigger issues than their choice of clothing

It all started at a government college in Udupi (Karnataka) where six Muslim girls were not allowed to attend classes for wearing hijab, a headscarf worn by Muslim women. College principal Rudra Gowda said he wanted to ensure uniformity in classrooms. The ban triggered a political slugfest, spreading out of Karnataka to other parts of the country, with demonstrations in favour of and against the hijab ban. The matter is now being heard by the Karnataka High Court. But we are missing the wood for the trees.

The choice of a woman’s clothing has been policed by men in our society and in our civilization for millennia. Women are pushed to fit into a narrow approved-limit of what they can say or cannot, what they can do or cannot, and what they can wear or cannot. Such patriarchal stereotype is not just a violation to the right of Indian Muslim women; this is a direct affront to the human rights. In this light I believe the current hijab ban is a toxic mix of sexism and communalism.

This is hardly the first time that a woman’s choice to cover one’s face or head — using a burqa, niqab or hijab — has created controversy. In 2013, Turkey lifted its decades-old ban on headscarves in the civil service. Many European countries like France, Switzerland, Denmark, Belgium, the Netherlands, Austria and Russia prohibit full-face veils (niqab and burka) in public spaces such as courts and schools. The debate and disagreement carry on.

ALSO READ: A Headscarf Lifts The Veil Off BJP

In India, interestingly, this episode has taken the wind out of the Beti Bachao Beti Padhao slogan. Many political leaders, such as Mehbooba Mufti, have called out the hollowness of this slogan when Muslim girls are being denied the right to education simply because of their attire.

Dr Shadab says hijab ban takes the wind out of Beti Bachao Beti Padhao slogan

Over 50% of Muslim women in India are illiterate today — literacy being officially defined rather generously to include just about anyone who can read and write a sentence or two. The situation in the northern states, and rural areas, is particularly dismal. About 85% of rural north Indian Muslim women are illiterate. The situation in the South, especially in urban areas, is considerably better, with 88% literacy rate among women.

Education indicators of our country are not where they should be, not only in terms of getting more people educated but also in terms of the kind of education that we provide. There are some communities which lag behind national indicators for the average of education and employment indicators. The Muslim woman community is one of them.

This means we need to create a more empowering space to help these marginalised communities to achieve the education level and employment aspirations that we all hold as a country. What is happening right now is the diagonally opposite. Indian Muslim women constitute a community of 100 million people and it is not a homogenous group; even on the matter of hijab, there is a spectrum of opinions among Muslim women.

The hijab is not an issue that this country needs to waste its energy and resources. The problem that needs to be addressed is why are women not an equal participant in the national workforce? Why are women not leading Indian companies in a respectable ratio? Why are our education enrollment and outcomes ratios of some women communities lower than the national average? These are the real issues that beg our attention.