Another thought: Since the courts have set a precedent of using a deity as a juristic person and has put the Hindu Law first, can we sue Rama under the Domestic Violence Act? Or can we try for something tougher: How about Culpable Homicide?

(I’d like to give a chunk of the credit for this comment to my friend, Suchismita.)

I think that Muslims have quite understood, or atleast begun to understand that they have been for year mislead and core issue for them is not mosque per se, but the same issues that besiege the country – underdevelopment, and discrimination. Somewhere, the reason could also be that experientially, when ever there has been a communal violence, the muslims have suffered the most – it does not benefit them – not even politically.

While, the idea of Original Deal seems very enticing, it flawed. Firstly, because it presupposes that there was deal with the other party – where the other party was a
‘Hindu’ Congress Party. This is not true. Muslims were as much a part of the freedom struggle, and the freedom was for Indians and not for Hindus or Muslims. Secondly, the concept of a deal requires performance of certain act. I dont think that had it not been for this deal India would not have been secular (subject to its sui generis definition of secularism). The Indian leaders at the relevant time were aware of the dangers of a non-secular nation – which was also known to Jinnah. It is a documented fact that Jinnah albeit quite belatedly wanted to have secular Pakistan. Thirdly, I would disagree that Islamic law has stagnated since. Fourthly, assuming that there was social contract – that was to be treated equally, which arguably included personal law (subject to Article 44). However, whenever we are talking about equality, somehow the discussion is only about personal law and not equality of opportunity.

I think one ought to compare the rights and obligations of Hindus and Muslims as they stood in 1950s and as they stand now, under their respective law. The “reform in Hindu Law” in 1950s was also accompanied by codification. Shah Bano was followed by a legislative enactment, whose interpretation as given by the Supreme Court in Danial Latifi Case, gives muslims women much more than what hindu woman presently has. But anyway, our focus should be on women generally, irrespective of their religion.