Muslim women in India, a double burden? 2/2

Written by: Mihiri Wijetunge
Translated by: Zoé Llacer

16/10/2023

India’s social fabric is made up of diverse religious communities, each bringing its own cultural heritage and social norms. In this complex landscape, the Muslim community finds itself at the intersection of Hindu and Islamic traditions, creating an environment where Muslim women face unique challenges. The struggle of women in India for their rights cannot be approached in a one-size-fits-all manner, as it is not enough to consider the inequalities that women face at the risk of alienating a section of women from this struggle, but it is necessary to understand the specific needs that emerge from different socio-cultural identities. This article explores how the Muslim community in India reproduces and reinforces patriarchal dynamics, while at the same time examining how Muslim women have taken ownership of their struggle for equality, becoming active leaders in the quest for their own emancipation.

A Misogyny Deeply Rooted in the Hindu Hierarchical System, that is Perpetuated and Amplified by the Muslim Community

Being a member of the Muslim community implies compliance with a set of precepts dictated by Islam. However, the interpretation of the Koran that underpins the application of Islamic law can be problematic when it comes to women’s rights. This system, tinted with misogyny, finds fertile ground in the Indian sociocultural context, which is itself deeply imbued with misogyny. First, the Muslim community has reappropriated the Hindu caste system. The castes are often the subject of a simplistic vision associated with the four “varna” constituted by the Brahmins (priests): the Kshatriyas (warriors), the Vaishyas (merchants) and the Shudras (manual workers). But there are also the Dalits, the outcasts or untouchables. Modern India is no longer organised around these simple categories. There is in fact “a nebula of 4 or 5,000 jâtis (reference communities) […] interwoven with the ten official religious communities^[1]École normale supérieure de Lyon. (s. d.). Les castes en Inde, un millefeuille social entre mythes et réalités — géoconfluences. 2002 Géoconfluences ENS de Lyon. … Continue reading”, including Muslims. According to Louis Dumont’s thesis, Hindu religious ideology directly institutes a social order structured by castes (jâti), determined by the criteria of endogamy, hereditary professional specialisation and hierarchical relationships defined by status, which, taken together, form a system. For the author, this social order is only fully realised in the Hindu environment; outside of it, in places far from the zone of influence of Hinduism, caste may exist, but it is very often weakened or incomplete^[2]Delage, R. (s. d.). Castes et musulmans. La Vie des idées. https://laviedesidees.fr/Castes-et-musulmans”. The Muslim community itself is not homogeneous. It is divided into three main groups: ashrâf (the noble), ajlâf (the ignoble) also defined according to their profession (peshâ), arzâl (the vulgar). The Muslim caste system also has its own prohibitions. Despite the diversity within the Muslim community, it does not form a homogeneous whole as a minority faced with the discrimination imposed by the Hindu majority but establishes a hierarchy between them to the disadvantage of women^[3]MUSLIM WOMEN IN INDIA : PROBLEMS AND PROSPECTS on JSTOR. (s. d.). https://www.jstor.org/stable/24701138. 

Taking this social hierarchy into account, in a context where the central authority perceives the entire Muslim community as an “enemy” entity, this engenders marginalisation and causes disparities among Muslim members within Indian society. For example, figures for 2022 show that the literacy rate among Muslims is only 68.5%^[4]Konda, H., & Konda, H. (2022). Literacy rates of various religious minorities in India mentioned in this post are inaccurate. FACTLY. … Continue reading, below the national average of 77.7%^[5]Sharma, S. (2022, 8 septembre). International Literacy Day 2022 Theme, Significance & History. The Times of India. … Continue reading. Muslim women, the majority of whom are economically dependent on men who themselves belong to the most disadvantaged community, thus find themselves in the most vulnerable category. They have low levels of literacy, marked economic disadvantage, pronounced social marginalisation and flagrant political under-representation. This triple marginalisation of Muslim women is the result of discrimination linked to gender, social class, and society.

As such, the rigidity of the various communities reduces the autonomy of women. On the one hand, the Indian government is contributing to the ostracization of Muslim women by restricting the scope of freedoms that Muslim women can afford, particularly on the issue of marriage. Inter-religious marriage, which can be a way for Muslim women to assert their choice, is used by the Indian government as an invasion from within. It offered them a space where they could sometimes challenge traditional norms by choosing their partner out of love. It is therefore precisely on this front that women are fighting to increase their freedoms, to escape rigid endogamous marriages within their caste and religious community. Nevertheless, the criminalisation of inter-religious marriage has been a major factor in its decline.

The so-called “love jihad” threat is being exploited by the Hindu far right and is being taken increasingly seriously. Several Indian states, including Madhya Pradesh, Gujarat, and Uttar Pradesh, have announced bills to combat forced conversion for the purpose of marriage, with announcements between November 2020 and January 2021^[6]Delhi, V. D. C. À. N. (2020, 4 décembre). Le « love Djihad » , croisade fantôme des nationalistes hindous. La Croix. … Continue reading. Love jihad is a controversial term that has emerged in India to describe the alleged conspiracy of Muslim men deliberately seducing non-Muslim women to convert them to Islam. It is a notion that has provoked much debate and controversy in India. Some Hindu nationalist groups and movements have propagated the idea of “love jihad” to warn against what they see as a threat both to the Hindu religion and to social cohesion in India. The fear is disproportionate given that interfaith couples represent only a limited proportion, 2.2% of couples^[7]Inde. Le « love jihad » , croisade islamophobe contre les mariages mixtes. (2023, 14 juillet). Orient XXI. … Continue reading. Ultimately, does this irrational fear of inter-religious marriages not reveal a deeper fear of women’s autonomy and the advances linked to their emancipation, calling into question the old traditional structures based on female submission?

On the other hand, in response to the increased persecution of the Muslim community, there is an increase in the restrictions imposed on women by that same community. As communities become more divided and tensions rise, it is mainly women who see their rights curtailed and their access to resources limited. The Muslim community has contributed to the devaluation of the role of women, particularly in terms of their access to education and employment. This seems to stem primarily from the logic of protection and preservation. Given the systemic discrimination faced by women in the labour market, they find themselves in the lowest-paid jobs and the most exploited^[8]MUSLIM WOMEN IN INDIA : PROBLEMS AND PROSPECTS on JSTOR. (s. d.). https://www.jstor.org/stable/24701138. In fact, in 2022, less than 101 out of every 1,000 working women in the country are Muslim, out of a total population of around 50 million Muslim women^[9]Ravishankar, R. A. (2023, 27 juillet). Research : Muslim women in India face hiring bias for Entry-Level roles. Harvard Business Review. … Continue reading. As a result, women are excluded from the labour market not only for religious reasons or to avoid competing with men, but because of a lack of resources and inability to delegate domestic tasks^[10]MUSLIM WOMEN IN INDIA : PROBLEMS AND PROSPECTS on JSTOR. (s. d.). https://www.jstor.org/stable/24701138. 

Reversing perspectives: from portraying women as passive victims to active leaders in the fight against their oppression

Despite the many obstacles they face, Muslim women are not giving up the fight and are uniting to act. Far from being passive victims, even though they are both victims of misogyny and victimised by the government, they are operating through peaceful civil disobedience. The most telling example is the sit-in in the Shaheen Bagh district of south-east Delhi at the end of 2019 against the new Citizenship Amendment Act (CAA). As part of this civil resistance, women were at the forefront: “The Shaheen Bagh site symbolised the longest sit-ins of intergenerational protests to take place in India since independence. A particularly novel aspect of these protests was the presence and leadership of Muslim women protesting for the first time^[11]Chopra, D. (2021b). The resistance strikes back : Women’s protest strategies against backlash in India. Gender & Development, 29(2‑3),467‑491. https://doi.org/10.1080/13552074.2021.1981698. 

Similarly, the women of Kashmir are using the hijab as a political symbol and a means of resistance, taking advantage of the prevailing chaos to change the situation by expressing their own forms of resistance. This was illustrated in 2016 when Kashmir was the scene of a major protest movement in reaction to the death of a Kashmiri separatist militant, Burhan Wani, killed by Indian security forces on 8 July 2016. This movement has been marked by mass demonstrations, clashes with security forces and restrictions imposed by the Indian government. Initially supporters of a form of passive resistance, women have now taken on more active roles. From the outset, they have collaborated with the armed fighters, relaying their messages, and providing food and shelter to protect them from the Indian armed forces. They concealed weapons, facilitated the transmission of vital messages, and went so far as to stand between their loved ones and deadly threats, while honouring the memory of the martyrs. Their militancy is all the stronger because the risks they face are so great. In Kunan Poshpora, for example, members of the 4th division of the Rajputana Rifles raped an estimated 30 to 100 women in the village, with the aim of punishing them^[12]La résistance des femmes au cachemire. (2017, 22 février). AWID. https://www.awid.org/fr/nouvelles-et-analyse/la-resistance-des-femmes-au-cachemire. 

Muslim women are increasingly involved in establishing their own political spheres, contributing to the creation of new political spaces designed by and to promote the rights of Muslim women. Women from the Muslim community are calling for a reappropriation of the concept of “Muslim woman”, often perceived either as a threat (linked to terrorism) or as a victim, without their own voice being heard. This is why they have set up NGOs, because they feel that the specific nature of their situation is not sufficiently represented in mainstream feminist movements. Their primary aim is to challenge Islamic laws within their own communities. The Shah Bano case is a perfect illustration of this phenomenon, as it was following this trial that these movements were born. The Shah Bano case is a key event in the development of Muslim women’s rights. It was an important legal case that took place in 1985. Shah Bano, a Muslim woman, sought maintenance from her husband after their divorce under India’s Wife Maintenance Act (Section 125 of the Code of Criminal Procedure). The Supreme Court of India awarded the maintenance of Shah Bano. However, this decision caused controversy, as some Muslim groups considered that it interfered with Islamic personal laws. In response to political pressure, the Indian government passed the Muslim Women’s Protection of Rights on Divorce Act 1986, which protects the maintenance rights of Muslim women after divorce. The Shah Bano case provided an opportunity to open a debate on the separation between civil and religious laws in India, and on women’s rights in Muslim divorces^[13]Banerjee, P. (2005). Femmes en Inde : législation et réalités. Diogène, 212(4), 107. https://doi.org/10.3917/dio.212.0107. 

This political commitment on the part of Muslim women has a more religious dimension. The creation of “Islamic feminism” emerged in the 1990s in response to questions about women’s rights in the context of Islam and predominantly Muslim societies. Movements such as MWRN (Muslim Women’s Rights Network) and BMMA (Bharatiya Muslim Mahila Andolan) founded in 2007 and 2011 respectively are examples of this development. “Islamic feminism” aims to reconcile women’s rights with the teachings and values of Islam, while challenging patriarchal interpretations and discriminatory practices that may prevail in some Muslim communities. Islamic feminists advocate a progressive and egalitarian reading of Islam, which grants women the same rights and opportunities as men. MWRN and BMMA are two organisations in India that promote the rights of Muslim women using the principles of Islamic feminism. MWRN focuses on legal and juridical issues related to the rights of Muslim women in India, while BMMA works for the empowerment of Muslim women in various fields, including the fight against arbitrary repudiation and the implementation of legal reforms to protect the rights of Muslim women in India. These movements seek to balance religious faith with gender equality and promote the empowerment of Muslim women within the context of their faith and culture. They play a key role in promoting the rights of Muslim women and in combating discrimination and inequality they may face^[14]Kirmani, Nida (2009). Claiming Their Space: Muslim Women-led Networks and the Women’s Movement in India. Journal of International Women’s Studies, 11(1), 72-85. … Continue reading.

The MWRN was active in the campaign to ban triple talaq. Their advocacy contributed to the passage of the Muslim Women (Protection of Rights on Marriage) Act in 2019, which criminalised triple talaq. Similarly, the BMMA works to support Muslim women who are victims of domestic violence, helping them to access justice and support services. Although the rights of Muslim women in India have not seen any new legal reforms since the Shah Bano case, the presence of networks led by Muslim women represents a significant change in the Indian political landscape.

The situation of Muslim women in India: between communitarian hierarchy and profound misogyny, toward which future?

The situation of Muslim women in India reflects a complex and unequal society, characterised by a deep-rooted communitarian hierarchy and persistent misogyny. Muslim women in India face increasing marginalisation due to institutionalised persecution of their community, ghettoization, and a replication of misogyny within their own community. Yet, despite these challenges, they have shown their resilience and determination to fight for their rights. They have created movements such as MWRN and BMMA, defending their autonomy and financial security, and challenging discriminatory social norms. However, for the situation of Muslim women to improve significantly, it is imperative to end the stigmatisation of the Muslim community and the insecurity faced by Muslim people in India.

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To cite this article: Mihiri Wijetunge. (2023) Muslim women in India, a double burden? 2/2. Gender in Geopolitics Institute. https://igg-geo.org/?p=18370&lang=en