The Indian judiciary has turned very pro-active and is rightly intervening in many issues. Its intervention in the matter related to water conservation and the IPL is appreciated by all the right thinking people. What attracted the most attention is its enthusiasm in intervening in the matters related to Hindu religious affairs. It decisively intervened in Shani Shingnapur and Trimbakeswar issues and forced the temple authorities to put an end to the discriminatory practice of barring women from entering the shrines. It even intervened in the affairs of Sabarimala temple and questioned the temple authorities about the reasons behind not allowing women of a certain age group from entering the temple. The temple authorities cited irrational reasons like menstruation induced ‘impurity’ to bar the entity to women. The court has pulled up the temple board for deeming a biological phenomenon as an impurity.

A Hindu should always be more receptive to reforms:

Many Hindu religious beliefs are utterly irrational and these foolish beliefs are perpetuated by upper caste Hindus, especially the priestly class. They, from time to time, introduce useless customs in the name of faith, that impose an unnecessary financial burden on the people. Discrimination against Dalits and women is widely prevalent among the Hindus even in this 21st century. The supremacist Abrahamic faiths, especially the Christianity, use the sorry plight of Dalits to convert them into their religious fold. They also cite this discrimination to heap abuse on Hinduism and stigmatize it in the international arena. Therefore, Hindus can’t afford to delay reforms, and any resistance to reform causes irreparable damage to their faith.

Judicial activism in Hindu matters is great, but… Click To Tweet

So the courts are rightly intervening in the Hindu religious affairs and doing justice to Dalits and women. These reforms can’t be brought about by Hindu religious organizations like the RSS and the VHP as they appear to be not very concerned about eradicating these unjust practices. All the right thinking Hindus are happy at the judiciary’s intervention in the Hindu religious matters and expect the courts to facilitate more reforms in Hinduism.

However, the rule of law must be applicable to all the citizens in an equal measure. The judiciary, which appears to be enthusiastic in intervening in the faith-related matters of Hinduism, is not equally enthusiastic in the matters pertaining to other faiths, especially Islam.

Is the draconian ‘Sharia’ law above the constitution?

The Muslim women, who are the worst sufferers of the Sharia-based Muslim Personal Law, are fighting the discrimination, especially the triple Talaq. Sharia is a very scary and draconian law, which perpetuates violence, slavery, and discrimination. Saudi Arabia and the ISIS are the best examples of the Sharia afflicted nations, where the worst of the worst kind of human rights abuses are reported. It is the most feared law in the world and the liberal people are very apprehensive of its imposition all over the world. Beheadings, throwing off the cliffs and stonings are the primitive and blood-curdling punishments imposed by the Muslim majority nations that practice Sharia.

It seems that the Muslim men are using every medium, including the social media, to dump their wives through Talaq. However, the All India Muslim Personal law Board (AIMPLB) has already gone on record stating that Sharia is divine law and it is outside the Supreme Court’s jurisdiction to intervene in the Muslim personal laws. In saying so, they decisively challenged the Indian laws and the law courts. However, the Indian judiciary is silent and is reluctant to do justice to the Muslim women.

When will the courts become proactive to deliver justice to Muslim women?

What is the reason behind the judiciary’s reluctance in doing justice to Muslim women? It is a well-known fact that Muslims don’t like anyone intervening in their religious matters and whenever they feel that their Sharia law is challenged they take to the streets in large numbers and resort to violence. It is a worldwide trend and India is not immune from it. Many people are doubtful whether the Indian judiciary is apprehensive of a Muslim backlash if it tries to alter the Sharia-based Muslim Personal Law to do justice to women.

We, the citizens of India, expect our law courts to deliver equal justice to the people and change the unjust practices. Selective intervention in the matters related to the Hindu faith and allowing the Muslim Personal Law Board to become a pressure group to openly challenge Indian laws is highly unjust. The judiciary, if it continues to act in a biased manner, will lose its credibility.  Let us all expect that the Indian law courts will muster up enough courage to intervene in the religious matters pertaining to the minorities, especially Muslims, to deliver justice to women who are suffering the wrath of the draconian ‘Sharia’ law.

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