Friday, December 01, 2017

Women in India – Curious case of Hadiya

According to Dharma Shastra, “By a girl, or by a woman, or by a woman advanced in years, nothing must be done, even in her own dwelling place, according to her mere pleasure.  In childhood, must a female be dependent on her father, in youth on her husband, her lord (husband) being dead, on her sons.  A woman must never seek independence”

Today, we are witnessing Dharma Shastra is being applied on Hadiya by none other than the custodians of constitution in addition to the investigation of indoctrination of her mind. 

A 24 years old girl was called for personal appearance at the highest court of India to explain her position and instead of hearing from her, the consuls of various government agencies involved in this case were arguing against the hearing of Hadiya without completing NIA investigation.  The learned judges were about to call for the day even without giving a chance to Hadiya despite of several arguments by Consuls Kapil Sibal, Indira Jaising and Dinesh.  As rightly apprehended by Brinda Karat, CPI(M) leader, the Supreme Court was on the verge of becoming Khap Panchayat and rescued itself by smarting the purpose of hearing at fake end of the business day.

Finally, court allowed her to be on her feet and continue her education.  She is finally freed from the suppression and indoctrination of her parents under so called ‘legal guardian’ and protection from pouncing ‘Love Jihad’ animals.  Are we living in a civilized world?  Is it called equal rights?

I have serious questions regarding the male dominated judicial system which is prejudiced against women in more than one occasions in independent India.

1)      Is it acceptable for a 24 years old human being put under the custody of parents because the person happened to be a female?
2)      Is Indian constitution accepting the argument of girls are ‘weak and vulnerable’ even she is 24 years old?
3)      When a 24 years old girl clearly said to court that she wants freedom, education and husband, will the court have reason to delay her genuine needs?
4)      When Hadiya is clear in her conscience and states what she is and wants, why NIA and other investigating agencies are working on pure assumptions because she changed her faith?
5)      How many cases of Non-Muslim men marrying Muslim girls are under investigation under the pretext of ‘Love Jihad’?
6)      Do our highest judicial body require embracing politically motivated divisive ideology of ‘Love Jihad’ and waste their time when thousands of serious constitutional issues are affecting the nation?   

Absolutely India it is male dominated society preventing women from their rights.  It is still questioning the capability, endurability, reliability and maturity of women where as gives every right to male counterparts.  Men are allowed to live the way they want, whereas women are considered as the reservoir of tradition, culture of nation and religions.

The same court which is decisive on triple Talaq and restored the right of Muslim women, is struggling to give Hadiya at least an interim relief of living with her husband, pending investigation results.


Indian judiciary system requires to stand on its own and protect the spirit of nation especially when it is subject to external pressures from misplaced ruling classes.