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By:

Quaid Najmi

4 January 2025 at 8:56:24 pm

‘Save Sharia’ campaign feeds Hindutva politics

Mumbai: Prominent Muslims and others have slammed the All India Muslim Personal Law Board’s ‘Save India, Save Sharia’ nationwide campaign, alleging that it could deepen polarization while willy-nilly supporting the very forces the AIMPLB claims to oppose. Launched on Sep. 17 – coinciding with Prime Minister Narendra Modi’s 76th birthday – the AIMPLB’s 3-month-long campaign is aimed at mobilizing public opinion around protecting the Constitutional rights, preserving the Muslim Personal Law...

‘Save Sharia’ campaign feeds Hindutva politics

Mumbai: Prominent Muslims and others have slammed the All India Muslim Personal Law Board’s ‘Save India, Save Sharia’ nationwide campaign, alleging that it could deepen polarization while willy-nilly supporting the very forces the AIMPLB claims to oppose. Launched on Sep. 17 – coinciding with Prime Minister Narendra Modi’s 76th birthday – the AIMPLB’s 3-month-long campaign is aimed at mobilizing public opinion around protecting the Constitutional rights, preserving the Muslim Personal Law within the framework of safeguarding India’s pluralistic and democratic character. The AIMPLB leaders said they are soliciting support of people, intellectuals, activists, social and religious organisations who value justice, democracy, peace and the Constitution, to strengthen constitutional supremacy, the rule of law, justice and equality, religious freedom, social harmony and national unity. Around 100 progressive Muslim and non-Muslim intellectuals, activists, organisations and supporters have warned that what the AIMPLB presents as a defence of constitutional rights, religious freedom and Muslim identity "could deepen divisions, and may provide political ammunition to right-wing forces". The progressive have accused AIMPLB of selectively invoking Art. 25-30 of the Constitution related to Religious Freedom, while ignoring that these rights are explicitly subject to public order, morality, and health. Moreover, they conveniently bypass Articles 14 and 15, which guarantee equality before the law and prohibit sex or religion-based discrimination. “Following the 2024 Lok Sabha elections where civil society and opposition parties rallied under 'Save the Constitution', the AIMPLB's campaign inadvertently gave the Bharatiya Janata Party (BJP) and the Sangh Parivar a platform to posture as defenders of constitutional norms. Ahead of crucial state assembly elections, this campaign reinforces false narratives and fuels propaganda that Indian Muslims reject the law of the land,” said the intellectuals. They pointed out how the so-called ‘God-given Shariat Law’ in India is nothing but man-made personal laws and ‘male interpreted patriarchal interpretations’, defended by the AIMPLB. In its September 2016 Supreme Court affidavit in the Triple Talaq case (Sayara Bano v/s. Union of India), the AIMPLB’s affidavit claimed divorce rights belong primarily to husbands because men allegedly possess ‘greater power of decision-making’ and ‘control emotions’. It even argued that without a quick separation option, a husband ‘may resort to illegal, criminal ways of murdering or burning her alive’ - a disturbing rationalization of domestic violence. Claiming these laws are divine, the AIMPLB admitted that “India is a patriarchal society, and therefore personal laws of all communities are aligned with the patriarchal notion...” The progressives countered that Muslim-majority nations globally including Pakistan, Bangladesh, Tunisia and Morocco have codified and reformed personal laws to protect women's rights. “Millions of Muslims live in secular democratic nations with uniform family codes without putting ‘Islam in danger’. The Muslim community’s current legal predicament in India is the direct result of the AIMPLB and conservative leaders failing to proactively reform and codify Muslim Personal Law,” said the progressives sharply. They said that genuine family law reform must guarantee Muslim women equal rights regarding minimum marriage age, abolition of polygamy, mutual divorce, equal inheritance, child custody, adoption, and a ban on female genital mutilation and halala. While secular political parties rarely support the rights of Muslim women, the BJP and the Hindu Right wing do so with an obvious motive: ‘communal polarization’, said the progressives. “The sangh parivar sheds crocodile tears for Muslim women while ignoring relentless hate speech (Love Jihad, Land Jihad…) and hate crimes like mob lynching, bulldozing homes, demolishing mosques or economic boycotts, with chants of ‘Jai Shri Ram’ to intimidate and strike fear. This accompanies state actions targeting Muslims: Waqf Amendment Act, draconian anti-conversion laws, and a weaponised SIR (Special Intensive Revision of Electoral Rolls) to disenfranchise vast sections of the electorate,” they averred. The progressives have sought the active involvement of all enlightened forces, civil society organisations and secular political parties to ensure that the demand for a gender-just, religion-neutral Uniform Civil Code is rooted in equality and human rights, rather than weaponized for communal division. Among the signatories to the appeal are: Naseeruddin Shah, Amol Palekar, Zeenat Shaukat Ali, Anand Patwardhan, Sultan Shaheen, Teesta Setalvad, Ram Puniyani, Tushar Gandhi, Mallika Sarabhai, Ratna Pathak, Feroze Mithiborwala, Anita Cheria, Zakia Soman, Jyothi Yedulla, Noorjehan S. Niaz, Madhu Bhaduri, et al.

Caste-based Census Sparks Nationwide Debate

Oct 2, 2024
3 min read

Updated: Oct 22, 2024

Caste-based Census

Caste-based identities continue to dominate rural India, directly or indirectly shaping electoral outcomes. Many major elections are influenced by specific caste groups. After the Bihar government released the first phase of its caste-based socio-economic survey, the caste census became a hot topic. The results, backed by evidence, showed improvements in the living standards and social status of marginalised communities, both in cities and villages. With parties like the JDU and NCP backing a caste census, there is growing momentum for the government to conduct one. However, every story has two sides—joy and sorrow. Even Mahatma Gandhi, the Father of the Nation, raised concerns about the caste census.

Rahul Gandhi accused the BJP of being “anti-Bahujan.” The clear meaning is that his father and forefather refused to execute a caste-based census, which might have far-reaching effects and even permanently fracture India’s social fabric. This may be negative for caste-based beneficiaries. The last caste census in India was conducted in 1931 by the British government. Those times were different from the present scenario. The data was made public and became the basis for the Mandal Commission Reports and reservation policies for Other Backward Classes. Rashtriya Swayamsevak Sangh (RSS) has clarified that the caste-based population count data will not be used for core politics. But the agenda for politics is always twisted and expanded.

The Central Government also joined the legal debate by filing an affidavit with the Supreme Court, leaving the matter unresolved. India’s partition, rooted in the divide-and-rule strategy, is frequently cited as a cautionary tale. Including caste in official census data could further deepen social divides. This issue has become a political pressure point, with various states pushing the Centre for action. Although the Constitution uses the term “class” instead of “caste,” the Supreme Court has consistently ruled that caste is a relevant, and at times, sole or dominant criterion for defining a backward class.

After the release of caste-based census data in Bihar, discussions around conducting similar censuses have gained momentum in states like Rajasthan, Chhattisgarh, and Jharkhand. Karnataka, which has already conducted its own caste census, may release its data soon as well.

Notably, all these states are governed by anti-BJP parties. Congress leader Rahul Gandhi also announced that Congress-ruled states have committed to carrying out caste censuses. Meanwhile, the BJP has remained silent on the matter, creating a significant roadblock.

Caste-based censuses focus on proportional representation in areas like jobs and education, with the argument that this will aid in targeted planning for the disadvantaged. However, the situation remains unclear, much like a foggy winter morning. The BJP’s stance on caste-based censuses and reservations seems different, as they fear the caste-based calculations could fragment their traditional Hindu voter base—an underlying concern for the party.

Professor Sanjay Kumar from The Centre for the Study of Developing Societies, says, “Let alone the BJP; no party can openly oppose it; it is not free from danger. BJP gets a large number of votes from the OBC community, their population across the country would be around 52%. Another downside is that the caste-based censuses could disrupt the balance of socio-economic zones. Data theft is a common issue in government systems, and people may feel disconnected from their actual rights.

The moot question is that if the financial status of an ST/SC/OBC or Dalit citizen moves up by a few notches, will his social status change automatically? The lifestyle of any class will only change when the income of a particular class is changed. The actual source of income is employment. The reality is that only metro cities have enough place and space for workers. Aside from the GIDC and IT sectors, less than 30% of industries have their own designated vacancy periods. After a decade, the Jamnagar and Rajkot Corporations have opened their doors to newcomers alongside experienced staff. However, age and caste bias often operate behind the scenes. It’s important to recognise that poverty is also widespread among many upper-caste individuals, and their needs cannot be overlooked. In the overall interests of the nation, terms like SC/ST/OBC, Dalits, etc. must be deleted from the nation’s vocabulary. Every citizen should have only one classification, that of being an ‘Indian’, in the spirit of the constitution.

Last year, when the Bihar government decided to conduct a caste survey in the state, the BJP was also Nitish Kumar’s partner in the state government, and it supported it. Political expert and former professor of Tata Institute of Social Science, Pushpendra Kumar, says, “It is not that the BJP does not talk about caste. It tries to reveal the caste of the Prime Minister as well. For caste politics, the BJP also tried hard to raise the issue of Pasmanda Muslims.”

(The writer is a management professional based in Ahmedabad. Views personal.)

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