Imrana in a bind

The Deoband ulema and the Muslim Personal Law Board have made it quite apparent that, even in the 21st century, authorities that act under t...

The Deoband ulema and the Muslim Personal Law Board have made it quite apparent that, even in the 21st century, authorities that act under the imprimatur of religion do not understand one simple principle: that a woman is a person in her own right. She should be allowed to exercise her choices. Imrana was a victim of a heinous double crime. She was a victim of violence. And she was a victim because the trust of an intimate relationship was betrayed. But the authorities have compounded this unspeakable injury by adding the weight of their own coercive powers. They want to deny Imrana the basic right to choose whether she wants to live with her husband or not.

Unfortunately this is not an isolated incident. Fairly recently, we had the case of Gudiya. Self-appointed custodians of religion took it upon themselves to determine whether she would have to live with her first husband, who had been assumed dead but eventually returned from Pakistan, or whether she should continue to live with her current husband. In numerous instances panchayats are denying women the right to determine the course of their own lives. Even secular courts have occasionally crossed the line by trying to second guess the 8220;real8221; interests of a violated woman. Women are still not acknowledged as agents in their own rights. That religious authorities are using even the terrible situation that Imrana faced to assert their own writ, suggest a moral obscurantism that has no place in a civilised society.

It is legitimate to ask whether institutions and practices legitimised under the banner of any authority that deny women their basic rights should be tolerated. In times of crisis, religious leaders and public authorities should be a source of compassion rather a further source of coercion. But if any decrees made in the name of religion violate basic human dignity, they will only expose religion to further ridicule. The question is not simply whether a uniform civil code will achieve justice for women. We need to recognise a far deeper crisis: our inability as a society to allow women their choices. In the process, they are denied their dignity and humanity.