Unequal Law

Few legal asymmetries in India expose the uneasy bargain between secularism, vote-bank politics, and gender justice as starkly as the continuing permissibility of polygamy for Muslim men. While Hindu, Christian, Sikh and Parsi men have been bound by monogamy for decades, Sunni Muslim personal law still allows up to four wives. For decades, India’s political class has treated Muslim polygamy as an awkward inheritance best left untouched. That uneasy settlement is now under strain following the...

min read

Few legal asymmetries in India expose the uneasy bargain between secularism, vote-bank politics, and gender justice as starkly as the continuing permissibility of polygamy for Muslim men. While Hindu, Christian, Sikh and Parsi men have been bound by monogamy for decades, Sunni Muslim personal law still allows up to four wives. For decades, India’s political class has treated Muslim polygamy as an awkward inheritance best left untouched. That uneasy settlement is now under strain following the recent landmark survey by the Bhartiya Muslim Mahila Andolan (BMMA), based on 2,508 Sunni women across seven states. The survey has dragged the hidden costs of polygamy out of private misery and into the national ledger. Its findings are profoundly political. The BMMA documents sharp health deterioration among first wives: chronic sleep disorders, hypertension, migraines, thyroid dysfunction, menstrual problems and diabetes - all at rates significantly higher than among second wives. Mental health outcomes are grimmer still. Insomnia, anxiety, depression, helplessness and social withdrawal stalk the first wife with disturbing regularity. Since Independence, successive governments have treated Muslim personal law as a domain too electorally sensitive to reform. The bitter memory of the Shah Bano case in 1985 when Rajiv Gandhi’s Congress-led government overturned a Supreme Court judgment granting maintenance rights to a divorced Muslim woman under pressure from conservative clerics has cast a long shadow. It taught politicians that touching Muslim personal law carried the price of organised backlash, and possibly electoral loss. Apologists insist polygamy is rare, or that it is divinely regulated when in fact it embeds a hierarchy in law between men and women, and among women themselves. It legalises emotional, economic and sexual asymmetry under the authority of the state. It weakens women’s bargaining power inside marriage and normalises abandonment under the disguise of legality. The Supreme Court has described polygamy as an “injurious practice” even while acknowledging its legal status under Muslim personal law. Several Muslim-majority countries - from Tunisia to Turkey - have banned it altogether. India, for all its constitutional claims, remains on the more regressive side of this divide. Why the hesitation? The answer lies in the peculiar coalition that has guarded this privilege. Conservative religious bodies defend polygamy as theological necessity. So-called ‘secular intellectuals,’ wary of being seen as ‘majoritarian,’ treat criticism of regressive Muslim practices as cultural trespass. This is not secularism but a clear abdication of women’s rights which these secularists and feminists claim to champion in so shrill a manner. The irony that these upholders of secularist values fail to see is that Muslim women themselves have been among the most persistent voices for change. They ask for the same marital certainty that other Indian women take for granted. Banning polygamy may not instantaneously transform social behaviour. But it will declare, unambiguously, that the Indian state recognises only one equal partnership at a time. That is not a cultural imposition. It is the minimum architecture of modern gender justice.

Ensuring Constitutional Awareness

Sunil Mane
Oct 20, 2024
2 min read

Updated: Oct 21, 2024

Since its independence, India has been guided by a meticulously drafted Constitution, ensuring both governance and the protection of individual freedoms. The Constitution, the bedrock of India’s democracy, was crafted under the leadership of Dr. Babasaheb Ambedkar, who studied the constitutions of various countries to produce a document that would meet India’s unique needs.

The importance of the Constitution in guiding the nation cannot be overstated. While more than 75 years have passed since Independence, a significant portion of India’s population remains unaware of the rights guaranteed by the Constitution. Many citizens are unfamiliar with its contents, which creates a yawning gap between the promises of democracy and the lived experience of many Indians. This lack of awareness is particularly concerning because knowledge of the Constitution is essential for safeguarding individual rights and ensuring fair governance.

In an effort to remedy this, retired chartered officer E.Z. Khobragade has been at the forefront of a movement to spread constitutional awareness. Khobragade, who served as the Chief Executive Officer of the Nagpur Zilla Parishad, initiated efforts to make the preamble of the Constitution a visible part of daily life, starting with its installation in schools and government offices. His persistence paid off when the Maharashtra government declared November 26 as Constitution Day in 2008. Seven years later, this initiative expanded nationwide, with the central government recognizing Constitution Day in 2015.

Even after retiring, Khobragade has continued his efforts, collaborating with organizations like Catalyst Foundation to educate the public about the Constitution. Together, they have advocated for a ‘Har Ghar Constitution’ initiative.

In a letter to Prime Minister Narendra Modi in November 2023, Khobragade and his team proposed a nationwide campaign to celebrate the 75th anniversary of the Constitution (2023-2025). The campaign, titled ‘Constitution Ka Amrit Mahotsav,’ aims to raise awareness of constitutional rights and duties through programs in schools, colleges, and government offices. The initiative seeks to impress the Constitution into the national consciousness.

This call for constitutional awareness comes at a critical time. With the approaching Assembly election, the social justice department of Maharashtra has issued an ordinance mandating awareness campaigns in government institutions. While this is a positive step, Khobragade cautions that constitutional literacy must not be reduced to a political tool. They argue that more needs to be done to ensure that the Constitution’s protections, especially for marginalized communities. Khobragade has highlighted the misallocation of funds intended for the welfare of these communities, particularly in Maharashtra, where resources have been diverted to religious tourism.

He pointed out that the central government had not released funds earmarked for these communities for the past ten years, a sum totalling nearly Rs. 5.54 lakh crore. This shocking revelation underscores the need for citizens to be not only aware of their constitutional rights but also vigilant about how these rights are protected or ignored in practice.

As we approach the 75th anniversary of the Constitution, the need to educate and engage the public is more pressing than ever. Dr. Ambedkar warned in his final speech to the Constituent Assembly that the mere existence of the Constitution is not enough - citizens must be vigilant and informed, for only then can they hold those in power accountable.

(The author runs an NGO Catalyst Foundation in Pune. Views personal.)