Sanjukta’s post alerted me to an event that slipped my notice.
Apparently, the supreme court had quashed an appeal by a Muslim student against his convent school disallowing him to sport a beard. While disagreeing with the student’s counsel, one of the judges was allegedly heard making a remark “We don’t want to have Talibans in the country“. This has understandably caused quite a furor among part of the Muslim community who have been pointing this remark as a display of injustice or an insult against Muslims. Amusingly, the Muslim counsel appearing on behalf of the student and asserting that the beard was an essential part of the Muslim identity was pointed out by the judge to be not sporting a beard himself!
Now while I agree that the Talibanisation sentence was unnecessary in such a case, I essentially agree with the court’s assessment, especially the rest of that comment that is attributed to that judge: “…Tomorrow a girl student may come and say that she wants to wear a burqa, can we allow it“. This is an issue which Britain faced not too long ago, and I consider Britain handled it not as well as they should have. Every society has a few fundamental principles that they should live by and others attempting to join the society can ask for understanding and accommodation as long as they don’t compromise with these principles of the society. I expected the Britishers to say more forcefully that their society is based on respect and dignity for women and wearing the veil does anything but that. Instead they cloaked their objection in euphemism of security etc. which was regrettable.
India is a different case. While we too claim that our society should ideally be based on similar principles, the truth is that the majority religion Hinduism is still battling perceptions of Sati and child marriage. Punjab has one of the highest incidents of female infanticide and one of the most skewed sex ratios. Girls are still considered a burden in less than progressive families, dowry is a common malpractice. In such a situation, where none of the communities can claim to be morally at a high ground with caring for women, Indian courts would probably face a tougher case when something like what happened in Britain, happens here.
Coming back to the “beard means Talibanisation” case, an Outlook blog post by Sundeep Duggal cuts through some of the misinformation about the case – read his “FAQ: The Supreme Court’s Beard Judgement“. One relevant part is:
4.1 What are the legal ramifications of Justice Katju’s remarks?
None whatsover. It should be borne in mind that there is routinely a lot of give and take between judges and counsel in the supreme court, especially given that counsel in this case was an ex-colleague on the (HC) bench. Most significantly, the order of the Supreme Court does not consist of “the reported remark about Taliban”. Therefore it cannot even be considered as obiter dicta.
In other words, these remarks mostly came about in conversation on the case, and is not part of the judgement.
To those claiming that the right of Freedom to practice your religion has been violated, Telegraph has an interesting precedent to offer:
Experts point out that although our Constitution guarantees one’s freedom to practise one’s religion, there are reasonable restrictions to Article 25 imposed by the state on such grounds as public order, morality, health and other provisions. We can perhaps refer to the Commissioner of Police & Others vs Acharya Jagadishwarananda Avadhuta & Another case where Ananda Margis argued that their tandava dance with tridents and other objects was part of their religion and it should be allowed in public.
Deciding on the case, the apex court ruled, “Though the freedom of conscience and religious belief are absolute, the right to act in exercise of a man’s freedom of religion cannot override public interest and morals of the society and in that view it is competent for the State to suppress such religious activities which are prejudicial to public interest.” The court also found that the tandava dance was not an absolute requirement of their faith.
Another great point has been made by Sherwani Mustafa on Khabrein.info:
…
As such, ‘The Muslim Women ( Protection of Rights on Divorce ) Act was in fact the destruction of ‘ Muslim women’, and a glaring fraud on ‘shariat’ played by the ‘mullaiyat’. Similarly, instead of tracing the essence of ‘ Islam’ in a foolish student’s attempt to sport beard and making all this humbug, if a vehement movement is launched in India for the enforcement of ‘Islamic Criminal Law’ for Muslims, I will be the first person to support it whole-heartedly. Let the community and its intellectuals come forward with a strong demand that if a Muslim commits theft, his hands must be chopped off, if he is guilty of murder, he must be beheaded in full public view, if he is found guilty of fornication, adultery or rape, he must be stoned to death, and so on. I am sure the entire country will support such a demand.
Sounds fair to me.
Instead of picking and choosing which aspect of their religion should be applied to their lives, why not go the whole hog and add the rest of the barbarian punishments also into the mix? You can’t on one hand use religion to justify special treatment for part of your social life, and then whenever inconvenient, use the other laws of the country to govern aspects of life where the rules of the religion are too tough to swallow.