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Women's Studies International Forum 33 (2010) 365–373

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Women's Studies International Forum


j o u r n a l h o m e p a g e : w w w. e l s ev i e r. c o m / l o c a t e / w s i f

Boundary battles: Muslim women and community identity in the aftermath


of violence
Rowena Robinson
Department of Humanities and Social Sciences, Indian Institute of Technology Bombay, Mumbai 400076, India

a r t i c l e i n f o s y n o p s i s

Available online 19 March 2010 In ethnic conflicts in South Asia, women's bodies become sites for contestations of honour.
Fundamentalist movements to ‘purify’ a community typically try to control women's
movements, behaviour, dress and deportment. Muslim women in India have suffered
increasing pressures in the escalating ethnic violence of recent decades.
The increasing divide between communities and consequent ghettoization of Muslims has
profound effects on women's everyday lives. Ghettoization protects and confines: as women
attempt to escape from targeting by the Hindus, they come under surveillance of the men of
their own community. Their struggles for reform and gender equality are viewed with
increasing displeasure by Muslim men and religious leaders. Women are seen as betraying the
community in its hour of distress by raising such issues. Thus, women get further confined by
community boundaries even if there are some who seek to dissolve them by focusing on issues
of gender, class or citizenship rights.
© 2010 Elsevier Ltd. All rights reserved.

Introduction never be disregarded. Certainly, when it comes to marriage


alliances as well as to questions of custom and tradition, one
India and South Asia, in general, have seen very high levels can hardly speak of a ‘community’. It is the, sometimes highly
of ethnic violence in recent decades. In India, collective localized, sect and caste groups that form the relevant
violence has had its greatest impact on the minorities in universes.
terms of lives and property lost. In recent times, it is the Sikhs However, in the following pages there is considerable
and the Muslims who have been specifically targeted in justification for speaking about ‘Muslims’, for the kind of
violent social crimes. States in northern and western India assertive Hindu identity politics that, as we see below,
such as Uttar Pradesh, Gujarat, Bihar and Maharashtra have emerged around the issue of the Babri Masjid-Ramjanamb-
since Independence seen recurrent Hindu–Muslim conflict, hoomi in recent decades, thrust on Muslims almost every-
while some states in eastern and southern India, such as where a sense of belonging to a single, and threatened,
Orissa or Kerala, remained relatively peaceful. However, it is community. In Mumbai certainly the slaughter of hundreds of
generally agreed (Basu, 1996; Desai, 1984; Gupta, 2000; Muslims in the violence of January 1993 and the injury and
Tambiah, 1997; Varshney, 2002) that the curve of communal displacement of thousands of others ensured that all would
violence took an upward turn from the close of the 1970s afterwards bear a collective scar. The patterns of displace-
onwards. More areas of the country began to see violence in ment which increasingly confined Muslims to certain spaces
the 1980s, including those which were earlier unaffected. and areas of the city, have entrenched separation and the
Further, each spell of collective violence only confirmed the sense of ‘Otherness’. Similar enforced patterns of spatial
greater degree of organization and planning that went into its division have emerged in Gujarat cities such as Ahmedabad
creation and management. and Baroda. For these reasons, I think it necessary to speak of
It is true that one should not speak of the Muslim ‘Muslims’ in this paper, though always with the recognition of
‘community’ as if it were a monolith. Splits of sect, caste, the existence of differences within the community (see also
class or language manifest themselves everywhere and may Kirmani, 2008).

0277-5395/$ – see front matter © 2010 Elsevier Ltd. All rights reserved.
doi:10.1016/j.wsif.2010.02.010
366 R. Robinson / Women's Studies International Forum 33 (2010) 365–373

Hindu religious nationalism has transformed the character Hindu temples and shrines in the city. Apart from other
of politics in contemporary India (see Graham, 1990; Jaffrelot, sporadic incidents of violence, in early January six Hindus were
1996; van der Veer, 1996). It is an ideology that sees India as a killed in a slum in Jogeshwari called Radhabai Chawl. This
Hindu nation (rashtra) and wants to preserve India's Hindu became the justification for the terrible violence wreaked on
heritage. In recent decades the ideology has been termed Muslims all over Mumbai in the days that followed, with the
Hindutva. Hindutva emphasises the unity of the Hindu political active involvement of the Shiv Sena and the undoubted
community and charges minorities, particularly Muslims and collusion, at many places, of the authorities.
Christians, with disloyalty to the nation. Organizations associ- Gujarat has seen persistent Hindu–Muslim conflicts after
ated with Hindutva have been responsible for targeted and India's Independence. However, the violence in Gujarat in
organized violence against Muslims and, more recently, 2002 was far worse than earlier episodes both in terms of the
Christians in post-Independence India. As a movement, Hindu scale and spread. Over 2000 Muslims are said to have been
nationalism developed out of various revivalist and reform killed (Human Rights Watch, 2002). In 2002, on February
movements of the late nineteenth and early twentieth 27th, more than fifty persons, most if not all Hindus, were
centuries (Graham, 1990). In 1915, the All-India Hindu burnt to death aboard a train at the station-town of Godhra in
Mahasabha emerged and 1925 saw the founding of the Gujarat. While evidence subsequently gathered has thrown
Rashtriya Swayam Sevak Sangh (RSS), an organization with some of the related theories in doubt, suspicion fell on some
martial values and an emphasis on discipline. It is closely Muslims in Godhra for their involvement in the crime. The
associated with the Bharatiya Janata Party (BJP), and with non- felony, horrendous as it was, was used to legitimize the killing,
electoral organizations, which aim to unite Hindus such as the rape and looting of thousands of Muslims across a large part of
Vishwa Hindu Parishad and the Bajrang Dal. These organiza- the state. While the violence in Gujarat in 2002 spread into the
tions are collectively referred to as the Sangh Parivar (the family rural areas, collective violence in India has wrought the most
of the Sangh) or the Hindu Right. Allied with these, culturally extensive damage in urban areas. The losses are borne largely,
and in electoral politics, are parties such as the Shiv Sena. though not only, by those in slums and congested inner-city
In the eighties and nineties, Hindu–Muslim hostility and areas, where community divides have sharpened over time.
communal violence began to take the political centre-stage. The soaring violence of the 1980s and 1990s has had
Against the backdrop of the growing forces of Hindu nation- particular features. These have largely been carefully executed
alism focused particularly around the Babri Masjid-Ramja- attacks against Muslims that took place across different states
nambhoomi issue in Ayodhya, attacks on Muslims increased in and they have involved increasingly heavier losses to Muslim
ferocity and scale of execution. Ayodhya is considered the life and property. Lists of Muslim homes and of properties
birthplace of the Hindu Lord Ram. A small mosque, the Babri owned by the Muslims have typically been used by those
Masjid, said to have been built by the Muslim conqueror Babar perpetrating the violence to identify their targets. The
after destroying a Hindu temple, which had marked the exact violence has usually been preceded or sustained by vicious
site of Ram's birth (Ramjanambhoomi), became the centre of propaganda communicated through public speeches, audio
ferocious Hindu–Muslim disputes, especially since the early and videotapes, pamphlets and leaflets and graffiti (see, for
1980s. For the Sangh Parivar, it became the main plank in the instance, Dayal, 2002; Varadarajan, 2002). The rath yatra
battle for Hindu nationalism. The campaign to regain the site (procession) to ‘free’ the birthplace of Ram in 1990 left in its
and build a temple on it was central to the revival of the BJP's wake a bloody trail of communal violence. It was launched by
political fortunes in contemporary India. In December 1992, a the Sangh Parivar to free the birthplace of Ram. The BJP leader
cluster of organizations within the Sangh Parivar, fighting to LK Advani rode atop a DCM-Toyota flatbed truck, decorated to
‘release the birthplace of Ram’, destroyed the mosque. This led make it look like an ancient chariot. The yatra began
to violence in many parts of the country. Mumbai was the site of significantly from another disputed temple site, Somnath in
particularly gruesome violence. Gujarat and was to end at Ayodhya, after a journey across 10
While the role of organizations such as the Jan Sangh, the northern Indian states (Davis, 2005, pp. 128–130). The yatra
Shiv Sena and, importantly, the RSS in provoking violence had was halted before it reached Ayodhya but provided enormous
been cited at various point of time, the last two decades saw a momentum to the Ramjanambhoomi movement.
magnification on an unprecedented level. There has always The last decade or more, further, has seen the growing
been doubt cast on the role of the police and para-military ghettoization and vulnerability of Muslims everywhere result-
forces in assessing and containing violence (Engineer, 1984; ing in the increasing futility of anything they might attempt to
Gupta, 2000). In recent times, their connivance or passive counter or pre-empt the attacks they face. Muslims, even more
concurrence with Hindu rioters have been the subjects of now than in the past, suffer both at the hands of rioters and the
serious critique in the media as well as among activists and state authorities (Human Rights Watch, 2002). At the same
academics (see, for instance, Concerned Citizen's Tribunal- time as the increasing scale and intensity of violence, the
Gujarat, 2002; Dayal, 2002; Human Rights Watch, 2002; marginalization of Muslims, both cultural and material, is very
Khalidi, 2003; Srikrishna, n.d.). evident. The anticipation of violence must clearly have a role of
In recent times the worst riots have begun suspiciously to some significance to play in fixing Muslim expectations at a low
take on the dimensions of pogrom. Mumbai has been the site of level and in sustaining a subdued or defensive cultural profile.
intermittent conflicts over the years, but saw its most tragic Thousands of Muslims have been forced to migrate—within the
violence after the destruction of the Babri Masjid in Ayodhya in same city, to other places, to other states sometimes—as a direct
1992, in which over 900 Muslims were killed (Srikrishna, n.d.). result of such violence.
In Mumbai, after the demolition of the Babri Masjid on the 6th In several cases, those who killed and maimed Muslims
of December 1992, there were several attacks by Muslims on and destroyed their property in Mumbai and in Gujarat
R. Robinson / Women's Studies International Forum 33 (2010) 365–373 367

largely roam free, while the victims have been implicated in men, second to taste what is denied to them and what,
cases of rioting and public disturbance and reduced to making according to their understanding, explains Muslim viri-
endless rounds of the courts. There is a loss of faith in the state lity. Third, to physically destroy the vagina and the womb,
on the part of many Muslims; they are unsure of its protection and, thereby, to symbolically destroy the sources of
of their lives and property. It is particularly in the context of pleasure, reproduction and nurture for Muslim men,
these issues, that the paper looks at gender and community and for Muslim children. Then, by beatings, to punish
identity in the aftermath of violence. It is based largely on the fertile female body. Then, by physically destroying the
fieldwork done in Mumbai and in two cities in Gujarat children,… by cutting up the foetus and burning it, to
between 2003 and 2005 and focuses particularly on the achieve a symbolic destruction of future generations, of
stories of women in these areas. the very future of Muslims themselves.
There is now a growing literature on women and Hindu
nationalism (see Bacchetta, 2004; Banerjee, 2003; Sarkar & Despite such terrible acts of violation and violence, many
Butalia, 1995). This literature shows the increasing insertion men of the community including religious leaders were
and assertion of women in the Hindu Right's project of reluctant for women to pursue cases of rape, molestation or
cultural nationalism. There is also record of the willingness of injury after the carnage. Women activists were discouraged in
middle-class women to participate in rioting and looting and, various ways from fighting for justice by pursuing such cases
certainly, to cheer on their men in these activities (Parthasar- in the courts. More than before, women came under the
athy, 2002). This may clearly be a route to empowerment for surveillance of the community. This emerges through the
many women, but, as all the literature shows, it does not narratives of women documented in Mumbai and Gujarat.
come with full domestic or political freedoms. On the other In Mumbai, Hazira Ali worked hard to ensure that her
hand, the implications of facing terror and violence in India remaining children did not carry the scars of violence and
have not been worked out for Muslim women. extreme fear they were subjected to when her husband and
Drawing on fieldwork in Mumbai and Baroda and elder son were mutilated in front of their eyes and dragged
Ahmedabad in Gujarat, this paper looks at the ways in away to their death. Hazira Ali was awarded government
which increasing ethnic violence over recent decades, result- compensation for the deaths in her family ten years after the
ing in the further ghettoization of Muslims, has impacted the violence, through the sustained efforts of a small group of
everyday lives and concerns of women. In the situation of Mumbai social activists, media persons and some local
threat that Muslims feel, women are affected the most. leaders. To get the compensation she had to do a great deal
Ghettoization confines women survivors and their families of running around, despite the help of many activists.1 She
to certain spaces and specific neighbourhoods. In the tried to make sure that her children did not miss school. Her
aftermath of violence, women need to access state support daughter attended an Urdu-medium municipal school, while
and find new avenues of livelihood to maintain their families. her son went to a private English-medium school.
At this very juncture, they find themselves bound by both Hazira had to move from where she had lived with her
community norms and fears of attack from outside, and they husband in central Mumbai, to a Muslim-dominated slum in
feel the weight of community norms more sharply. On the one Kurla. Her neighbours at her earlier residence were hostile. At
hand, for a woman displaced and bereaved, the boundaries of any instance they would say: ‘There is nothing for you here. Go
community offer security but it comes at a price. The price is to [pause] Pakistan’… [She sounded surprised and hurt when
conformity with decreed norms of conduct and decency. she said this]. She sold the house. As she said: ‘I did not feel
Women activists and those within the community who safe. I could not leave the children there, if I went out to work.
wish to raise questions with regard to issues of gender, class Here I do not have to worry about the children if I am out’.
or citizenship rights find that their struggles are viewed with Residence in the ghetto had its advantages, for Hazira could
considerable hostility by Muslim men and community elders leave her children under the charge of her neighbours as she
or leaders. They are perceived to be betraying the community went out to work or to shop. On the other hand, there was
at the very moment of its being targeted by others from always the surveillance of neighbours and community elders.
outside. At times of such violence and community distress, Hazira wanted her daughter to continue her studies, but
these questions are considered unseemly. Thus, women get community interference could be strong. She said: ‘I have not
further limited by community boundaries even when some of thought of her marriage, though people keep prying. Of course,
them seek to raise issues beyond these. if she sits at home, I will have to get her married. But I want her
to stand on her own two feet, have something in hand. I do not
Surveillance and strife: Muslim women in the aftermath listen to people. Who came to help me when I was struggling? I
of violence have brought them up with my own hands…’
The resentment against the community that Hazira
While communal violence has typically targeted women expresses, if in muted form, is present in the stories of other
through hideous acts of rape and molestation, the violence in women as well. Tabassum tells her story with the quiet grace
Gujarat exceeded all notions of horror. Several examples of and courage of a woman who has struggled and come to terms
the morbid manipulation of bodies in the battle to sacrilege with a great deal of suffering. When she talked of the violence
every aspect of ethnic difference are available. Sarkar writes itself, her story started with the death of her husband, who
(2002, pp. 2875–76): had passed away just before the events of 1992–93. Later, the
narrative continued. Tabassum came to Mumbai when she
… Hindu mobs swooped down upon Muslim women and married, some thirty years ago. When Tabassum began to talk
children... First, to possess and dishonour them and their about the violence in which she lost her only son, she spoke
368 R. Robinson / Women's Studies International Forum 33 (2010) 365–373

about the struggle for compensation and survival. For years, uncertainties, interactions that bristle with the possibilities of
compensation was out of the question. Her son's body had conflict and edgy encounters with local representatives of the
never been traced. The running around was enormous and the state that implicate corrosive performances of compromise and
authorities were unwilling to compensate in the absence of a corruption.
death certificate. Finally, it was granted some three years ago. Another trajectory of tension for many women building
To obtain it she had to pay stamp duty of over six thousand life alone for themselves and their children is strained
rupees on a bond, indemnifying the government in case her relations with community members, neighbours and kin.
‘missing’ son returned. She also had to obtain clearance from While Tabassum has a tangible network of support among her
the police that she and her son were not implicated in any own kin, after her son's death her late husband's kin have not
criminal cases. offered her much. Small gifts and loans from her siblings have
Each day of each passing year was a struggle. It was been used to help marry off each of her daughters. The
impossible for Tabassum to contemplate sending her girls to compensation she finally acquired helped her youngest
school; she would barely let them out of the house. She daughter wed. For both Hazira and Tabassum, living within
obtained some rent for the unlicensed shop her husband had a close network of kin and community has both rescued and
owned and she and her daughter washed clothes for the confined. A family of women and children (especially
drivers of the nearby taxi-stand. She did odd jobs: at one time, daughters) was always vulnerable to attack by loose talk
she even sold potatoes. At another time, when a shop came up and the controlling gaze of male elders. The world of
which manufactured pins, she assisted with that. Everything Tabassum's daughters remained severely limited: she could
was done from her one room. If she went out to shop or countenance no education or liberation for them. Tabassum
pursue officials, she took one of her daughters. ‘I fed my herself found she was unwittingly embroiled in antagonistic
daughters with whatever I earned. I never let them go out’. relations with men of the community: holding out against
The three remaining girls were young when pulled out of them, despite pressures, for her livelihood.
school: two may have completed primary school, the It is perhaps not surprising that these (and other) women
youngest could barely have been educated for a year or two. speak hardly of religion, of their Muslim identity or of Muslim
Before her husband's troubles started, Tabassum had politics to do with mandir or masjid alike. Do we simply write off
barely ventured outside her home and had attended to little this silence as indicative of the ignorance of women wrapped in
other than household chores. Her mistake in not getting a domesticity with no knowledge of larger complexities? It
licence for the shop has come back now to haunt her with a would be unwise. Living under the shadow of the savage reality
vengeance. At the time of her husband's death, with her grief of violence, all the women here are painfully aware, whether or
and sudden burden of responsibilities, it did not seem a big not they make reference to it, of the bitter politics of Hindu–
deal. It only partook of the casual corruption that easily Muslim identity that has torn apart their lives. Hazira's surprise
characterizes slum- and low-income urban dwellers everyday when her neighbours told her to ‘Go to Pakistan’ did not arise
relations with the state, regardless of religious affiliation. The from her lack of awareness of what they meant when they said
shop also had no commercial electric meter, because the rates it; it arose from a deep hurt at being alienated by those she
were too high for her to pay. When the odd inspector came thought shared her small world. Rather, I would argue that men
around to check, she slipped him 50 or 100 rupees to overlook speak more in terms of larger narratives of community identity
the illegality, which he did, as she said, ‘seeing her situation’. and politics. Constantly coming up against community norms in
Now, the whole slum is to be demolished, to make way for the small and big conflicts of everyday life, women incline less
a new development. The slum-dwellers have been promised towards such language, for they understand only too well its
rooms in another building. Tabassum will have a place to stay, insidious capacity to recoil on them.
but, thanks to the irregularity of her dealings thus far, her shop
is not legally recognized and so she will not be entitled to one Gender struggles in activism
in the proposed building. Her home is at the head of a row of
ramshackle rooms that is about to come down: her refusal to For a Muslim woman, especially an activist, the engage-
move has delayed things for a while. While the other, ment with ethnic difference implicates an even greater degree
predominantly Muslim dwellers, are ready to move, she has of friction.2 Sophia Khan, who lives in Ahmedabad, comes
held out. ‘Can I live by licking the walls?’, she says. ‘What will I from a background she self-consciously describes as orthodox.
live on?’ The Muslims around her, according to her, are not Her father is an extremely religious person, a businessman,
overly sympathetic; she has had rows with the men. ‘You have whose faith did not permit him to insure his property or even
jobs’, is her argument, ‘you can move. What will I do?’ maintain a savings bank account. When he retired, he simply
The stories of these women show that they lived under the kept his cash in the house, inducing an even greater degree of
shadow not just of ‘riot’ but of violences, if I may so pluralize the vulnerability in a household with no sons. Sophia completed
word, of diverse kinds. It becomes more apparent that really her education, including an advanced degree in law, in the face
lives looked in some ways, as Scheper-Hughes (1992: 17) puts of constant pressure from her family and their exhortations
it in a different context, ‘like roller-coaster rides with great that she should abandon her studies for marriage and the
peaks and dips, ups and downs, as women struggled valiantly at associated domestic responsibilities. Her nascent interest in
times (less valiantly at others) to do the greatest good for the social work was fostered by her teachers and, later, her
greatest number and manage to stay alive themselves’. interaction with social activist Ila Pathak of the Ahmedabad
Attention is inevitably drawn towards the uneasy overlaps Women's Action Group. It was this initial work that steered
between the time of extraordinary violence marked by a major her towards a greater concern with gender issues. The
riot and the everyday, which is also pervaded by prickling awareness of being ‘Muslim’ and, therefore, ‘Other’ remained,
R. Robinson / Women's Studies International Forum 33 (2010) 365–373 369

reinforced by well-intentioned educators who continuously crying Jai Sri Ram and carrying gas cylinders and weapons…
urged her to work for ‘her community’. At night there was no sleep. We would strategize at home.
Sophia's initial forays into work with unions and in the Perhaps we can run up if they burn the house from below.
villages sharpened her awareness of the deep divisions of That was one way to save. Or we could run in any direction,
caste and community, divisions which she gradually came to not wait for each other, can catch up with each other later.
appreciate had to be worked into the analysis as well as the My sister who is a heart patient said: ‘Don't wait for me. I
plans of action for all social issues. The realization was will not be able to run fast’…
strengthened by her perception of particular discriminatory
practices of the provision of relief following the shattering Multiple skeins of discomfort unravel as we enter into
earthquake in Gujarat in January 2001. conversations with ‘Muslim’ social activists, beings that Sophia's
experiences certainly impel us to recognize the existence of. It is
When I stressed caste and community issues, people not of course a matter of surprise that the question of gender
laughed at me at first and thought I needlessly brought immediately surfaces, though one may, indeed, be struck by the
these in everywhere. One of my acquaintances…who anguished intensity of tension it can give rise to. There is,
dismissed my claims earlier now finds himself gheraod critically, acute awareness of how community and women's
[under siege] by the tribals. He started an NGO [in the wake issues chafe abrasively against each other, particularly in the
of the earthquake] and now he himself has been removed wake of heightened communal consciousness and targeted
from it. The tribals say: ‘We want no Muslims here’. Such is violence. It is considerably illuminating to note that activists
the hatred and hostility to Muslims in Gujarat. often cite ‘Mumbai 1992–93’ and ‘Gujarat 2002’ as moments that
fundamentally altered the very ways in which gender issues
Sophia's arguments were glaringly underlined in 2002, could or could not be addressed. Hasina, a Muslim woman
when she had to assume a Hindu name and make an identity activist allied with an organization working both in Mumbai and
card in that name to even allow her, despite her position as a Gujarat with Muslim women voiced the concern of how issues
social activist, to move through the city to help in the relief had been redefined in the wake of such cataclysmic violence. She
work. She had to carefully strategize: adopting a non-Gujarati has been deeply involved in relief work as well as in continuing
name so that she would not encounter questions about her social support extending particularly to Muslim women
caste identity and would be able to explain away her frequent survivors of the 2002 violence:
lapses into Hindi when she speaks. Her own neighbourhood in
Shahpur was bound by curfew, but on the western side of the The impact of Gujarat or the Mumbai riots on Muslim
Sabarmati life appeared to be proceeding fairly undisturbed. women is tremendous. There is a sense of oppression
In her assessment of herself, Sophia fits no ‘stereotype’ of the from two sides: from within by conservative and
Muslim woman. She does not don the burqa (outer-garment fundamentalist forces and from outside by Hindu com-
draping the whole body, leaving only the eyes uncovered); munalist forces… Muslim women get marginalized. In an
she speaks Gujarati fluently and wears her hair short. atmosphere of communalism, women's questions do not
get centralized; this needs to be done. How do we look at
No one knew I was Muslim. But I know that I am Muslim. On women? In the kind of atmosphere in Gujarat, should we
3rd March, we were short of medicines [in the Shahpur relief raise the women's question at all? Or only that of the
camp]. I rang a Hindu friend and asked her to come with me. identity of Muslims as a community, a minority?
I came to this part of the city [West of the Sabarmati river]. I
was amazed to see things were normal. Life as usual. Girls In what she says, the sense of being pulled every which
going around on two-wheelers. Only we were under siege. I way by contradictory affiliations emerges acutely.
felt, no words can describe it, humiliated. I could not look my
Hindu friend in the eye. To what have we been reduced? We In education and so on Muslim women are very poor. And
are nothing. I was frightened because I knew I was there is so much pressure on the community, and
Muslim….My driver [a Hindu] did not want to work for violence. As it increases, the community is further
me. One of my junior colleagues…was asked [by her family] ghettoized and minority politics increases. Our samaj
to leave, not to work for a Muslim. She told them: ‘Sophia is [society] is backward, there is so much violence—is there
not like that’. I have kept her on despite the fact that the place for us? Where do we go?
project she was working on is at an end. Perhaps she will
influence her family to see Muslims in a different light… Another woman activist working principally with Muslim
women, who has been assisting in the follow-up of several
With others in the field, Sophia shared that fateful cases of death and injury in the Gujarat violence, reflected:
knowledge of the sudden shattering of the familiar worlds
of neighbourhood and community, and sometimes, far more What is it to be Muslim today? Civil society has failed in
acutely, of family. All the while that Sophia was working in Gujarat. After fifty-five years, the question ‘What is your
the relief efforts for Muslims in 2002, her own household, she name?’ becomes important. We are seen as different; we
said, was strategizing for its security. begin to see ourselves as different. An ‘Othering’ takes
place. We are not just activist, or woman, but Muslim.
We had nothing…We had only some stones from broken
walls. These would not protect us from the mobs…We were There is a real lament that issues concerned with the
10,000 but the mobs were as far as the eyes could see— misuse of provisions for divorce under Muslim Personal Law
370 R. Robinson / Women's Studies International Forum 33 (2010) 365–373

to the detriment of women or the question of maintenance in category only at the risk of a great degree of generalization.
the event of divorce are all forced to recede into the back- Among women activists are those who find it disconcerting
ground in the face of targeted attacks against the community. that relevant ‘women's issues’ are thought to include only
In India, each religious group in India is governed by its aspects such as maintenance, divorce and inheritance. These
own personal laws. Hindu personal laws were revised and affect only married or once-married women, while there are a
reformed by the state in the early period after Independence, small but undeniable number of Muslim women who remain
particularly to remove glaring provisions of gender inequal- unmarried, either voluntarily or due to a complex of factors
ity. No government, however, had the political courage to including familial responsibilities, economic conditions and
touch the laws of the religious minorities, fearing an electoral the like. All such issues tend to be put on the back burner
backlash. The issue of Muslim personal law became contro- when the community considers itself under siege; however,
versial in the 1980s. Shah Bano, a 62-year old Muslim woman while some support may be garnered on the questions of
and mother of five was divorced by her husband in 1978. maintenance or talaq (divorce), there is little acknowledge-
Though the personal laws of Muslims do not countenance ment of the legal status or requirements of, for instance,
alimony, the case was decided under Section 125 of the Indian single women within the community who have to fight a
Code of Criminal Procedure, which applies to all Indian separate internal battle for their own space. The elucidation
citizens and ensures that a man can be obliged by the court to here of some of these fraught themes reminds us of the
maintain his wife, child or parent if they are unable to complexity of the struggles being waged and does not permit
maintain themselves. Shah Bano's case finally reached the us the ease of simplification.
Supreme Court, which granted her maintenance under this Working with overtly religious leaders or caste elders is
law. The case created considerable debate and controversy also an issue that several women activists find contentious.
about the grounds for having different civil codes for different There are many who would like to underline their distance
religions, especially for Muslims in India. Orthodox Muslims from the maulanas (religious leaders). Several women
were in an uproar, protesting that this judgment went against activists in Gujarat and Mumbai, for instance, including
Muslim personal law. The government led by the then Prime some who confine their work largely within the Muslim
Minister Rajiv Gandhi acceded to their demands and passed community, talk of tense engagements with religious leaders
the Muslim Women (Protection of Rights on Divorce) Act, who insisted on men and women saying namaaz (prayers) in
1986 which diluted the judgment of the Supreme Court and the relief camps in order to be entitled to assistance and who
upheld the writ of Muslim personal law. were openly derisive of violence-hit Muslims who had opted
Ever since the controversy over the Shah Bano case, the to stay in ethnically-mixed areas, implying that they had only
question of Muslim personal law has remained a deeply got what was coming to them. Jahanara, a young woman
troubled one, despite (or perhaps even because of) the activist from Baroda, who has worked with the PUCL among
passing of this Act. Subject to constant politicization, the issue the survivors of the Gujarat carnage, was extremely outspo-
continues to be one on which the Muslim clergy by and large ken in her critique and disagreement with religious diktat:
refuses to negotiate, while the Hindu Right uses it as a
weapon to beat the opposition with. Muslim religious leaders Especially after communal violence, the pressure on
rage against the foregrounding of such issues when, as they women, even young girls, to don the burqa increases…
argue, the whole community is under attack. Women activists The Quran says so many things: One has to ask a woman's
are castigated for even bringing up such issues and for, as it consent prior to the nikah [marriage], for instance. These
were, letting down the community. Further discomfort things are not kept. But purdah [burqa] is wanted. There
centres around the fact that Muslim Personal Law has, as are more women on whom it is forced than those who
described above, become the battleground for both Hindu actually want it. At some level, our right is being snatched
and Muslim fundamentalists, while a concern such as away. We should openly state that there are things in the
domestic violence against Muslim women is one that Muslim Quran we don't give regard to.
religious leaders certainly would rather was not addressed.
Again, as activists assert, communal violence always has Again, she asserted:
negative impacts on women: in its wake the community male
elders seek to regulate women's mobility, their dress, their Women's issues—divorce or nikahnama—should not be
behaviour and the like. In Gujarat, as mentioned earlier, in sidelined. Some fundamentalist organizations are gaining
many cases, men remain reluctant to admit incidents of rape headway. They tell the people that all this happened
and are known to have applied pressure on women in their because they have lost the faith, have given women too
family to prevent them from reporting or following these up. much freedom, discarded the burqa etc…
There are activists who believe that the stance of religious
leaders is detrimental to what they consider to be the ‘wider’ Importantly, such activists wish to underline not their or
battle: that of the gender struggle or of human rights issues. their community's ‘minority’ or ‘Muslim’ identity, but to align
Regardless of the climate of communalization, Muslim their struggles as democratic citizens with other deprived or
women's concerns within the larger concern of the rights of oppressed groups including, for instance, women, Dalits,
women in general should not be marginalized. One should tribals and the economically disadvantaged. This alignment is
continue to raise voices on all such subjects, allowing none to by no means automatically achieved. There is rueful
be removed from review. acknowledgement of the fact that it often appears far easier
The issues acquire further layers of intricacy once it is to get Muslim clergy, in particular, to protest against any
recognized that Muslim women may be projected as a single perceived move to contain Personal laws or to demonstrate
R. Robinson / Women's Studies International Forum 33 (2010) 365–373 371

against a proposed visit by the Israeli President to India than imperialist. It was against Partition. Its successor organization
to forge common ground on issues not viewed as directly the Jamaat-e-Ulema-e-Islam functions in Pakistan. The
concerned with the community. organization follows the Deobandi school of Hanafi Islam.
These contests inevitably implicate at some level divisions The Jamaat-e-Islami was formed in 1941 in Lahore on the
of other kinds, such as class and social position. What is clear initiative of Maulana Syed Abul Ala Maududi. The organiza-
is the extent of such disputes and the fact that they are multi- tion split up on Partition into the Jamaat-e-Islami which
layered and complex. Activists who are unable to ascribe continued to function in Pakistan and the Jamaat-e-Islami
unambiguously to a fixed definition of the community in Hind, which functioned in India. The Jamaat-e-Islami opposes
terms of religious identity also tend to disagree among itself to the separation of religion and politics and claims to
themselves on a range of critical issues. As a result, strive for the ultimate installation of a polity based on Islamic
boundaries are again drawn in or pressed out according to a principles.
range of varying factors. Muslim women activists who work, Such Muslim religious organizations are among the first to
on their own or as part of one or another association, offer assistance to victims and survivors. But the thinking
primarily with the Muslim community, often feel more proceeds further. As Sophia, among others, argued:
considerably the pressure to remain silent on questions of
women's rights or justice in the wake of targeted attacks from In the camps it was often the religious organizations
outside. However, it is not, as we may have perceived, always working…People ask why we work with the maulvis
the case that they acquiesce or find themselves in agreement [religious leaders] in Gujarat? They after all worked with
with the views and strategies of religious leaders. On the the injured and traumatized to the extent they could.
other hand, some Muslim women activists who work on They are also learning new ways of thinking from the
issues of social justice and rights regardless of the religious experience…We did not usually talk with religious
question are also sometimes reluctant to push too far. As one leaders…but now I find myself being the bridge between
stressed: these and the social, women's sector or groups…They
may want us to oppose the UCC [Uniform Civil Code] and
There is just so much pressure on Muslims right now. propose the idea of Shariat courts; that is not going to
Ever since the Shah Bano case, Mumbai violence and now happen. But now they are willing to listen and I can talk
Gujarat they are so much the target…Yes, divorce, to them openly about our differences; make them
abandonment of women without proper maintenance, understand…They have started taking a more liberal
all these are issues of concern, but right now the approach with regard to women…I am invited to
community is hurting terribly. It would not be fair…It madrasas [schools imparting religious education]. They
would be a further violence to take up these things right have seen that the women and young girls did a lot of
now. work in the camps…girls with 9th and 10th standard
education. Women's groups also worked with them,
Several of the Muslim women activists here considered the trained them. They [Religious leaders] know now that
exclusively religious worldview to be ‘fundamentalist’ in things cannot go back to being just the same as before…
character and questioned what benefit it could ever hold, some changes will have to come.
particularly for women within the community. In fact, this
view is often so strong that it leads these activists to spurn any Another Muslim woman activist from Gujarat offered: ‘We
sort of association with religious leaders, and to lump them all should not [give up] the opportunity to engage with the
together, regardless of hue or inclination. This posture has maulvis. We need to involve them, so that they do not
awkward implications, with its unfortunate inability to cope stonewall all our efforts. Further, we cannot decide whom to
with the pull of faith. Some activists, on the other hand, appear work with on the basis of personalities; we have to address
to have worked out other answers through practical exper- the questions they are raising. We find it possible to talk with
imentation in the field. Thus, not all of them reject out of hand the Tablighi Jamaat leader [in our area]. He raises the question
the need for or the possibility of working with religious of values: submission to God's will, setting a good example for
leaders, even with those of rigid posture, towards broader others…Can we ignore these? Even if we disagree on some
understandings of Muslim faith and future. points, we have to dialogue, slowly build more areas of
As several activists would acknowledge, faith is integral to agreement’. The Tablighi Jamaat was founded by Mohammad
the daily life of most Muslims; leaving religious elders out of Ilyas in the second decade of the twentieth century. The unit
the loop would diminish their own credibility with their of preaching is the jamaat, which consists of a small group of
community. They would end up talking with a much smaller teachers. The jamaats consist not necessarily of religious
audience. While some would like to work only with those clergy, but ordinary Muslims, who go from place to place to
leaders who are willing to contemplate ijtihad or the pos- preach and participate in the work of Islamization. These
sibility of reinterpretation of religious doctrine in the light of jamaats are an important influence among Muslims in several
the requirements of contemporary life, there are others who parts of the country.
believe that even the ‘fundamentalists’ must be accorded a Some women activists are engaged even more proactively
degree of attention. It is acknowledged that organizations in trying to converse seriously with religious leaders for the
such as the Jamaat-e-Islami or the Jamaat-e-Ulema-e-Hind reframing of Muslim religio-legal and social practice. This is
among others play a crucial role in post-violence situations. being done particularly through conversations related to
The Jamaat-e-Ulema-e-Hind is an organization of Islamic provisions within Muslim Personal Law. Certain specific areas
clergy formed during the British period and strongly anti- have been selected for redress for an immediate onslaught on
372 R. Robinson / Women's Studies International Forum 33 (2010) 365–373

the whole may only provoke hostility. A common nikahnama fieldwork shows that groups and individuals make their
(marriage contract), clearly specifying the terms of matrimo- own adjustments on the ground and attempt to talk with
ny and the amount of mehr (dower) has been framed through each other despite, and perhaps because of, sharp differences.
ground-level interaction with Muslim women in different The last section of the paper traced some of the nascent
parts of the country and placed before religious leaders on the attempts being made towards such engagement and
Muslim Personal Law Board. The misuse of the procedure of interaction, even in an atmosphere shadowed by doubts
triple talaq by men is also an issue that has been addressed, and fears.
through an attempt to frame standard procedures for divorce,
which do not partake of complete arbitrariness.3 At their own Endnotes
level and in their own limited regions, activists continue to
raise with religious leaders questions about Muslim men's 1
One lakh of rupees (Rs. 100,000) was paid in two parts. Rs. 70,000 was
violence against women and about Muslim women's need for locked for seven years in a National Savings Scheme and only interest on it
and access to education, emphasizing that these cannot be paid during the interval. The remaining amount of Rs. 30,000 was awarded
by cheque.
sidelined because of communal attacks; indeed the attacks 2
Among the groups, some international and some very localized, with
must spur more not less initiative. which some of the activists we speak with here are associated are Awaaz-e-
These are efforts at repair from within, but they do not, Niswaan, Youth for Voluntary Action (YUVA), Vikas Adhyayan Kendra,
significantly, cease there. For one, the highlight on the Action Aid India, Rahat Welfare Trust, Nirbhay Bano Andolan, Muslim Youth
concerns of Muslim women demonstrates that a broader for India, Modern Youth Association, People's Union for Civil Liberties
(PUCL), some zonal divisions of the Mumbai Mohalla Committee Trust,
concern with women's issues including, for instance, educa- Tulsiwadi Project, Bombay Aman Committee, Sahiyar and so on.
tion is slowly seeping into the Muslim guiding imagination. 3
Triple talaq refers to the right of the Muslim husband to divorce his wife
Further, these labours are combined with attempts, however simply by saying “I divorce you” thrice.
gradual and intermittent, to persuade Muslim leaders to let
their voices be heard on issues that concern them as citizens
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