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Feminist movements in India have, both pre- and post-Independence, seen the family and home as the nexus of organizing women’s lives. By the early 1980s, attempts to analyse this nexus had led to examining the codification of women’s rights in marriage and property. It is in this vein that this essay considers the history of the 1985 Shah Bano case and the feminist debates on personal law that it gave rise to.
The call for a common civil code that emerged from the case was extensively critiqued by feminists, liberals and secularists, as well as Muslim religious leaders. The essay traces how the sociopolitical context led to the quick descent of the issue into communal agitation, with a demand that Muslims be exempt from Section 125 of the Criminal Procedure Code that had been cited in granting Shah Bano maintenance from her husband. It describes how Hindu communalism had been acquiring legitimacy in the eyes of the state, and the contribution of this factor to the national fervour surrounding Shah Bano’s case.
Kumar then traces the opposition by various women’s groups to the 1986 Bill, which was introduced in parliament with an aim to exclude divorced Muslim women from the purview of the hotly debated Section 125. She explores the ‘bitter lessons’ that Indian feminists learnt from the public and state responses to Shah Bano’s case, which then posed certain questions that would become increasingly important to feminists in the years to follow. She concludes with questions of secularism–its definition and its practice–and of representation, both of which are brought to the forefront by Shah Bano’s case.
The midnight knock on the door and the disappearance of a loved one into the hands of authorities is a 20th-century horror story familiar to many destined to “live in interesting times.” Yet, some stories remain untold. Such is the account of the internment of ethnic Chinese who had settled for many years in northern India. When the Sino-Indian Border War of 1962 broke out, over 2,000 Chinese-Indians were rounded up, placed in local jails, then transported over a thousand miles away to the Deoli internment camp in the Rajasthan Desert.
Born in Calcutta, India, in 1949, and raised in Darjeeling, Yin Marsh was just thirteen years old when first her father was arrested, and then she, her grandmother and her eight-year-old brother were all taken to the Darjeeling Jail, then sent to Deoli. Ironically, Nehru – India’s first Prime Minister and the one who had authorized the mass arrests – had once “done time” in Deoli during India’s war for independence. Yin and her family were assigned to the same bungalow where Nehru had also been unjustly held.
Eventually released, Yin emigrated to America with her mother, attended college, married and raised her own family, even as the emotional trauma remained buried. When her own college-age daughter began to ask questions and when a friend’s wedding would require a return to her homeland, Yin was finally ready to face what had happened to her family.
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