OPINION: AIMPLB Stalling Reforms Both From Within and Without

For too long, organisations like the All India Muslim Personal Law Board (AIMPLB) and the Jamaat-e-Islami have thwarted every possibility of reform in the Muslim society, especially any reform that pertains to the womenfolk. As for the AIMPLB, its very inception was rooted in opposition.

In 1973, some Muslim members from various parts of India came together to oppose the adoption laws under a uniform code and formed the Board. Among the objectives of the Board was to preserve personal laws as per the Sharia and protect Muslim society from any outside attempt to impose any rules and laws. Ironically, the Board also lists solving any problems of the Muslim society as its objective but records suggest that the Boar has seldom initiated any progressive moves or solutions to improve the lot of the community.

From Shah Bano to abolishing Triple Talaq, it has pursued the single point agenda of sticking to rigid old customs which are not in tune with the life of our times. While this helps to preserve the status and authority of the Board and other such bodies, it has terribly hobbled Muslim women's march ahead in life. The elite and well to do Muslims are still better off because they have resources to make up for it.

But it is the women and girls in ordinary families who are the most disadvantaged.
Dr Zakia Soman, who heads the Bharatiya Muslim Mahila Andolan told me recently that the only reason their women have been lagging behind those in the other communities is because others like Hindu women could benefit from successive reforms in the area of marriage, inheritance, divorce etc and thus unshackled themselves from old practices which were not in consonance with the demands of modern life.

Every time an attempt was made by Muslim women, either out of resolve or the exigency of the situation, to approach the judiciary and demand equal rights, the AIMPLB and others like the Jamaat rose up to thwart the move. Meetings, morchas and protests were organised and the community scared into submission.

Had the Board been honest about its objective of 'solving' the problems of Muslim society, it would have dropped the role of a disruptor, conducted a free and fair dialogue within the community and facilitated reforms which were needed to facilitate the march of their women and girls just like their counterparts from other religions.

Instead, it chose to stall, scare and demean all attempts towards reforms.

Even in the Triple Talaq case, it was accepted only when it became a fait accompli in the Supreme Court and not out of any love for progress.

It is a travesty of our political system that those who openly denounce reforms are feted by people who call themselves secular and those who encourage even a small step forward are branded anti-Muslim.

The most frequently repeated argument one gets to hear from the spokespersons of both the secular parties and Muslim organisations is that reforms cannot be imposed, they must come from within the community. Fair enough.

But when it is proven time and again that attempts for reform are always nipped in the bud and those initiating the reforms are even demonised and ostracised, what else but legal remedies are the solution?

Electoral considerations killed Shah Bano's historic fight for a meagre relief. It would have almost killed Triple Talaq verdict had the Modi govt not brought an enabling legislation in Parliament.

Once again, the AIMPLB has announced country wide protests against the Law Commission's move towards a Uniform Civil Code so clearly enshrined in the Constitution of India.

The AIMPLB failed its responsibility of facilitating reforms in the Muslim society for five decades. It should now stop trying to stall a historic move to bring in a common civil code , an idea whose implementation is long overdue. It is incumbent upon organisations representing the community to allow, if not facilitate, equality and justice for their members and no amount of legal technicalities can change this fact.

(Smita Mishra writes on politics and current affairs)

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