Both Hindus and Muslims are living in the same social mileau and have almost same economic conditions, then the question is why such disparity between citizens living in the same democratic framework?
INDIA AS a country has so many diversified cultures, religions and practices and we call ourselves as the second largest democratic and secular country in the world. Looking deeper into the system it feels that we aren’t secular.
The personal laws are different for Hindus and Muslims. According the Hindu Marriage Act, 1955 the girl should have attained an age of 18 years and the boy should have attained the age of 21 years for marriage. Whereas, according to the Muslim Marriage Act, 1955 it is assumed that a person at the age of 15 has attained puberty and is of sound mind and normal but his or her marriage cannot be performed unless he or she consents to marry.
See the contrast here, as per the the Child Marriage Restraint Act of 1929, a person below 18 years of age is deemed as a minor and a marriage performed would be punishable under the Act. The parent or guardian is punished with a simple imprisonment of three months of sentence and solemnising this marriage is also punishable under this act. Is the physiology or psychology of people between 15 to 18 years different just because they belong to different religion. The constitution clearly stipulates in Article 326 of the Constitution, and Sec. 19 of R. P. Act, 1950 that the minimum age for registration of a voter is 18 years. So if a person below 18 years of age is not considered mature enough to vote for a candidate for the next five years then how come a person between 15 to 18 years is mature enough to choose a life partner?In case of divorce, a Muslim woman can be divorced by her husband by pronouncing “talaq”, whereas for a woman to obtain a divorce certain conditions are necessary. In comparison, the Hindu Marriage Act stipulates similar separation clauses for a man and a woman if they are seeking a divorce. The basis of which can be adultery, cruelty, desertion, conversion to different religion, communicable diseases of any form or leprosy, renunciation from the world for religious order and not heard as living for seven years. Both Hindus and Muslims are living in the same social mileau and have almost same economic conditions, then the question is why such disparity between citizens living in the same democratic framework? The trauma they carry and the social stigma they face are the same, so why different laws for two communities. Few days back the government introduced a draft bill where in it was stated that if “penetrative sexual assault” takes place in the age group of 16 to 18 years, then it is important to consider whether it was consensual with both the persons involved. This bill has been sent to state governments for opinion. If consensual sex in this age group is non- punishable then the marriage age has to be revised to 16 years for both males and females.Apart from the disparity in the personal laws there are other interventions by the government which only apply to majority community and they never touch anything concerned with minority community.Recently, the Tamil Nadu Chief Minister declared Pongal as the Tamil New Year day. Traditionally the Tamil New year is celebrated on the 1st of Chithirai as per the Tamil calendar. The first of day of a calendar is always celebrated as a new year and shifting the Tamil new year to Pongal created a lot of confusion and hit the sentiments of people. All these things happen only to the majority community because we are either tolerant or numb to our sentiments. Can there be any such change with the minority community without any consultation with religious boards and trusts? And the so called political parties who talk about building temples and saying that they are the saviors’ of the majority community never bother to raise such issues at all. This is not secularism, this pseudo-secularism.