A 15-year-old Muslim girl is permitted by the high court to marry.
Forget the level of maturity of our grandmothers who did not make a choice, but managed. This news report throws up several questions, not so much about the judgment as the reactions to it. How are we supposed to respond? The obvious answer is anger, revulsion, and to bring out the old bogey of the Uniform Civil Code.
Here’s the
judicial verdict:
“According to Mohammedan Law, a girl can marry without the consent of her parents once she attains the age of puberty and she has the right to reside with her husband even if she is below the age of 18....,” a bench of justices S Ravindra Bhat and S P Garg observed while accepting the minor’s plea to let her to stay in her matrimonial home.
The mother had filed a petition saying that her daughter was kidnapped. While accepting the girl’s statement that she was not and she had made the choice, the bench clearly added “she has the option of treating the marriage as voidable, at the time of her attaining the age of majority, i.e. 18 years”.
Can we take one judgment in isolation and assume that girls of this age in the Muslim community will get married?
Her choices are being protected on both counts. And on the basis of the law. This is being ignored to buffer a one-dimensional narrative. The judges used the existing Muslim Personal Law. And they have also empowered the girl to change her mind, which will nullify the marriage. This is a huge thing. I wish we got out of our safe zones and saw this in perspective.
It is particularly surprising that the noises will be mainly from the liberal activists. This is ironical, for it is this same segment of the educated elite that opposed the ‘Protection of Children From Sexual Offences Bill’, that said “no person below 18 years will have the legal capability to give consent for engaging in any kind of sexual activity”. They held forth on how young teenagers should be permitted to make their sexual decisions and not be demonised.
Madhu Kishwar, founder of Manushi, had said:
“Do we want to start punishing young people for premarital sex? Do we want them to start wearing chastity belts? The authorities have gone overboard in removing the age of consent for those between 16 and 18, especially in a scenario where young people are getting sexually active at an early age. This is stupid and goes against the child.”
Yes. Such a statement was made. How many of them would approve if their children were sexually active outside marriage at that young an age?
If you can choose to have sex – and as I mentioned in my piece then it can mean subtle force, date rape, peer pressure – then you might be in a position to choose to live with a partner legitimately, is my devil’s advocate argument.
Instead, the modern Muslim is once again out in the open airing a ‘uniform code’ modernism that ignores the Personal Laws in other religions. Let us not forget that there will be opposition from other faiths equally, if not more, and they have their patriarchal constructs well in place where women’s property rights, right to inheritance, to matrimonial rights are questionable.
There is a lobby that keeps the ‘interpretation of Islam’ alive. It is to promote leaders from the clique. Who will interpret Islam in the right manner, and what is the right manner? Aren’t there several interpretations that work or try to within different societal frameworks? This is not even germane to the discussion, but it seems to be hugely important.
I wonder why when we seek uniformity where religious laws are concerned, we barely pay heed to the ‘secular’ criminal laws where no uniformity is applied. Check out statistics for Muslim prisoners.
The digression apart, it is not about being pro early marriage, but about not taking up for one aspect and negating the other without a thought. My position on the sexual consent age bill and this is not dichotomous. As I had written:
Much of India still believes that sexual activity is also about emotional intimacy. Young people are not automatons. That is the reason we have abolished child marriage, which these activists agree is important to get rid of. Did society not insist that the age of marriage be raised to 18, and rightly so?
I realise that not taking the tried-and-tested liberal Muslim path is rife with the usual labelling. I am not the person to decide, and neither are all of those expressing disgust, and we will not be affected legally or socially.
Regarding this case, it will be made into a hothouse plant to beautify the moderate Muslim landscape.
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You might like to read the other post in full:
Young love on a leash?