Hindu Code Bill and Triple Talaq: Two Contrasting Ambitions of Bona Fide and Mala Fide

Hindu Code Bill and Triple Talaq: Two Contrasting Ambitions of Bona Fide and Mala Fide

Uzair Ashraf


As all the pandemonium and lip reverence of a gratuitous bill is smocking up heavily. A great analogy of the past with a similar yet a lot different idea of hindu code bill would help us to interpret this bill in a better way. Triple Talaq bill not only has made today’s government eat their own words for their hatred and staunch opposition of hindu code bill in 1951, but on ground level its prima facie does more harm than good for the community it takes into consideration in any prospect. It is either a post facto drive to attack a religion they are not a fan of or it’s a divisive policy which a senior BJP leader mentioned during their 2014 campaign that their policy is to divide muslim votebank and consolidate Hindu vote bank . Whether it’s a direct attack on a faith or an act of gerrymandering. I don’t know. But as being wrongly promulgated the bill doesn’t seem to me as the remedy for the plight of muslim women in india in any way. The decision to ban Triple Talaq and relieve muslim women from this social evil has already been taken by The Supreme Court of India. What the government is trying to do is to criminalize a civil law. And as the Supreme court has ruled out that Instant Triple Talaq will not be liable, so is not that a foolishness to criminalize something that has not taken place at first? So, what this bill does is to criminalize something that didn’t take place without providing any financial relief to muslim women (it was the top court of india that relieved them of this evil). They in fact rejected opposition’s demand to fund those women suffering from such a disaster just to flood the prisons with more and more people from the community they have not been a fan of since independence. This policy again justifies muslims as bête noire of BJP not for the first time. The real problem the nation is facing today is the malicious doctrine this government belongs to be it M.S Golwalkar clearly mentioning what happened with jews in nazi germany as a “ good lesson” for Indians to “learn and profit by”, or be it any other such sadistic or rapacious intentions mentioned in their doctrine. Every step or policy the government takes today follows that lineage of hatred. As mentioned earlier about this policy being a post facto drive , because it rather than bringing out any positive result for the community gives the locus standi to the government to subjugate muslim community and decentralize them, this policy too follows that lineage of hatred where muslims are considered as “menace” and Christians as “blood-suckers” (Bunch of thoughts by M.S Golwalkar). The reform that needs to be embraced by our society was taken up by the Supreme Court and this bill in no way backs up that reform but rather worsens the plight of women.

Hindu Code Bill on the other hand was brought up simply to reform the Indian society. It didn’t show any kind of malicious or mala-fide intent to either attack or subjugate any community. While giving a lecture on Ambedkar memorial, Prime Minister himself being in RSS during his political schooling not surprisingly moulted and fabricated the history to suit his blatant rhetoric. Something he does very often, as he blamed the then government for not passing Hindu code before 1951 elections which made Dr. B.R ambedkar to resign from the cabinet. Ironically, it was Hindu Mahasabha and the VHP who were on the frontline clamouring against Hindu Code Bill. Jan Sangh founder Shyama Prasad Mukherjee resigned from the parliament for his opposition of hindu code bill. Nehru in fact was the man who piloted Hindu Code Bill and without him that bill couldn’t have passed for sure. He had to negotiate not only the galvanized masses in the country but there was huge furore within the congress party. Dr Rajendra Prasad, the first President of India threatened Nehru to “use his powers” if Hindu Code Bill was passed. B.R Ambedkar was the only big name backing up Nehru for the hindu code bill and when Nehru had to delay the bill because of abusive and raucous clamouring of opposition mainly by Jan Sangh, Ambedkar was enraged and he resigned. Was that the fault of Nehru? That was the criticism of Hindu Code Bill which the Jan Sangh and RSS actively participated in that de facto which forced Nehru to delay the bill. Negotiating all the criticism and rancour within his own party, with Ambedkar too stepping down leaving him all alone, Nehru acted as a vir fortis and it was his painstaking efforts that Hindu Code Bill was finally passed after 1951 elections. It was his painstaking efforts that today Hindu women are not discriminated and are endowed with equal rights in property and marriage. Hindu Code bill was a commitment to ablate the society of malice and social evil. That was solely a step taken to reform our society and it in no way reflected any mala-fide or nefarious intentions to attack or subjugate any faith or community.

The practice of Triple Talaq needed to be reformed and supreme court of india has already taken up that step to reform the practice. This Bill proposed by the government in no way helps to reform our society but rather follows the same lineage of hate and bigotry that they have been thriving in for years.

Author is currently persuing B.Sc in Biochemistry from Aligarh Muslim University and can be reached at uzaishmania@gmail.com.

Disclaimer: Views expressed are exclusively personal and do not necessarily reflect the editorial policy of Oracle Opinions.

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