ByKasmin
Fernandes
In August
2017, the Supreme Court of India struck down the “triple talaq”—the practice
whereby a Muslim man can instantaneously divorce his wife just by saying
“divorce” three times. Widely regarded as a significant step forward for Muslim
women in India ,
the decision culminated in the outlawing of the triple talaq with the passing
of the Muslim Women (Protection of Rights on Marriage) Bill in July 2019.
This
hard-won outcome is the result of decades of work by many Muslim women in India ,
but none more so than Hasina Khan, founder of the Bebaak Collective, a national
umbrella body of Muslim women’s rights groups.
Limited
Opportunities for Muslim Women in India
Outside and
beyond the courts, despite vociferous opposition, this case brought the
conversations on women’s rights in India into mainstream public
debate. The focus of her life’s work – 90 million Muslim women in India –
remain among the least literate, most disadvantaged, poorest and least
represented within India’s population.
They have
limited opportunities for personal independence and have minimal access to
resources. They do not have any rights over their matrimonial or natal homes.
This status is reinforced by laws, such as the Muslim Women’s Bill (1986),
which subordinates the rights of Muslim women to the demands of community
identity, denying them constitutional rights as Indian citizens; and the Muslim
Personal Law, which controls all aspects of the personal lives of Muslim women
in India (until recently, including through the triple talaq provision).
As well as
combating fundamentalism in the Muslim community, Khan was involved in working
to end and resist communal violence in the 1992–1993 riots in Mumbai in which
around 700 people died following the destruction by Hindu nationalist organizations
of the Babri Masjid Mosque in the city of Ayodhya ,
Uttar Pradesh State .
Standing up to extremist nationalist views and actions has been another focus
of Khan’s life and work.
Journey
from Hardship to Leadership
From humble
beginnings to national influence Khan’s leadership journey began in a
Muslim-dominated ghetto in Bhendi Bazaar, Mumbai, where most families are
staunchly religious and conservative. For women in these poverty-stricken
families, their world begins and ends within the immediate community. After her
father gambled away the family’s money, Khan’s mother worked as a maid and
seamstress to send her children to school.
Life
changed for her when her brother went to work in a Gulf State .
With the additional income, she could continue school, even though her sisters
had by then dropped out. When these resources were lost after her brother’s
return, Khan supported her education by tutoring children and seeking
donations, discounts and free books.
In the
meantime, a catalytic opportunity that shaped her future stood across the
street from the family home. This was the headquarters of the Awaaz-e-Niswan,
the first Muslim women’s group to challenge the Muslim Personal Law and the
organization in which Khan would one day become an active member. The
organization’s head at that time, Shehnaaz Shaikh, became Khan’s mentor and her
guide in life.
Working
with Awaaz-e-Niswaan beginning in 1985, Khan also became aware of issues that
influence the lives of women in general and Muslim women in particular. The
local religious court unsuccessfully tried to persuade her family to stop her
from going to work.
Through her
role in Awaaz-e-Niswaan, Khan earned a reputation as a problem-solver and
organizer in her community. Her father and community leaders came to see her
point of view. The organization became a force within Indian civil society,
campaigning for Muslim women in India
and running education, literacy, legal service and livelihood programmes for
young women in Mumbai and beyond.
Building on
this experience, Khan founded the Bebaak Collective in 2016. The coalition is
developing links and collaboration with counterparts in Bangladesh , Pakistan
and Sri Lanka as well as
with the Minority Rights Group and Women Living Under Muslim Law in the UK .
A
significant factor in the success of Awaaze-Niswaan and now Bebaak has been a
broad and participatory approach to organizing and advocacy, a reflection of
Khan’s inclusive and open leadership style. “Women should represent their own
interests rather than allow political and religious leaders to speak for them,”
she told a journalist.
Building on
the success of the triple talaq campaign, a core priority for Khan and the
Bebaak Collective when looking at the future role of government policy and
legislation is the abolition of all discriminatory personal laws. “Personal
laws should focus on protection of personal rights rather than discriminate and
should recognize marginalized groups within a community, in line with India ’s
constitutional values of equality, pluralism and secularism.”
(Courtesy:
The CSR Journal)