Why is the Govt not serious about reforming Hindu laws?

The Hindu law is hypocritical. “According to the Hindu law, it is stated that you can’t marry if you are connected for three generations, unless there are customs to the contrary. In the North, mamu is like the father of a child, but in the South, the mamu can marry his niece. Isn’t this quite contradictory,” questioned retired Delhi High Court Chief Justice Rajinder Sachar on Tuesday. He was addressing a conclave for consultation on issues confronting Muslim women in India organised by Muslim Women’s Forum in partnership with UN Women .

Justice (Rtd) Sachar did not mince his words to say that the present Government’s activism to provide relief to Muslim women from draconian provisions of Islamic Presonal Law was in sharp contrast to its lukewarm approach to flaws and contradictions in Hindu Personal Law which affects a far greater number of women.

Women, generally, did not count in history, family, or even industry and in India, Hindus have generally been conservative towards women. Until the Hindu Succession Act, 1956, was amended in 2005, women did not have the complete right to their father’s property. However, even now the daughter can avail the benefits of the law only if her father passed away after September 9, 2005, when the law was passed.

“Women did not have a right on her own right. How is this progressive? For the longest time, under the Hindu law, only men had succession right,” pointed out Justice (Rtd) Rajinder Sachar.

In contradiction to the Hindu law, Quran has always given women the right to education, property and divorce. “It is a greater sin to deny women their rights,” said Sachar and pointed out that a woman shouldn’t have to go to court for her rights.

“I remember, when this law had come before the Parliament, there was such furore and opposition to this law. It was stated that if women were given the same rights to property, there would be fight among siblings. But, if the love between a brother and sister is dependent on the sister not getting a share in the property, then it is not a worthwhile relationship,” added Sachar.

“Islam gave an identity to women. People think it’s a conservative religion, but it is quite progressive,” said Qasim Rasool Ilyas from Jamaat-e-Islami Hind.

But, there is a need to introspect. “We have become Muslims by convenience. We adopt and leave things according to our convenience,” said Navaid Hamid, founder secretary of South Asian council for Minorities.

At least 85 per cent of Muslims are original inhabitants of this country, and “as a religion, we have been influenced by the Brahmanical society around us. Even though the Quran has directed us to share property with women, no one does it. The Muslim Board should talk about these issues. There are more issues than just Triple Talaq,” added Hamid.

“Men can’t meddle in the properties of women or take their money. And if they do, it becomes a ground for divorce. Education is compulsory for both men and women. What we need is a restoration of the original Quranic law,” added Tahir Mahmood, former chair of the National commission for Minorities.

“Unless we give women equal rights, this country cannot progress. Women have as much rights as men and the law must seal it,” added Sachar.