Political Geography 83 (2020) 102257
Available online 25 September 2020
0962-6298/© 2020 Elsevier Ltd. All rights reserved.
Intervention
The politics of saving Muslim women in India: Gendered geolegality,
security, and territorialization
Pallavi Gupta
*
, Banu G¨ okarıksel, Sara Smith
Department of Geography, University of North Carolina at Chapel Hill, Chapel Hill, NC, 27599, USA
A R T I C L E INFO
Keywords:
Muslim women
Hindu nationalism
Legal geographies
Law
Feminist geopolitics
Femonationalism
feminist geolegality
ABSTRACT
In this paper, we critically approach the idea of “saving Muslim women” by examining two prominent judgments
by the Supreme Court of India and their attendant debates: Mohammad Ahmed Khan vs. Shah Bano Begum and
Others 1985 AIR 945, popularly known as the Shah Bano judgment and Shayara Bano vs. Union of India And Others
WP(C) No.118 of 2016, popularly known as the Triple Talaq (divorce) judgment. Using the frameworks of
feminist geopolitics, femonationalism, and feminist geolegality, we analyze the debates around the Shah Bano
and Triple Talaq judgments, looking at how the state employs and often usurps the narrative of gender equality
and women’s rights for its own purposes. We highlight how laws ostensibly for the protection of Muslim women
(and the discourses that surround them) have the effect of strengthening the Hindu nationalist state, and
furthering masculinist state building and territory making. By focusing debates on the categories of Muslim men
and women, the law becomes a means to resolve the “problem” of Muslims in India.
1. Introduction
In 2016, Shayara Bano, a young Muslim woman, went to the highest
court in India to appeal her husband’s decision to divorce her by uttering
the word talaq – divorce – three times. Other petitioners followed in
Bano’s footsteps, joining her case against Triple Talaq. The government
came out in support of the women and television channels were replete
with debates on the state of Muslim women, describing how their religion
leaves them defenseless against the cruelties of Muslim men. In media
reports, it appeared as if Muslim women, led by Bano, had turned to the
Indian state and secular law to defend them, not simply against their
husbands, but seemingly against the entrenched orthodoxies of Islam and
the patriarchal tendencies of all Muslim men. In this rendering, Islamic
personal law (which governs Muslim marriage and divorce in India)
failed these women and the Indian state emerged as their savior. Yet, as
Muslim women’s organizations have been quick to point out, this
rescuing state has long sanctioned violence against Muslim women, let
Muslims live in precarity, and overlooked the generalized precarity of
women (see, for example, Bebaak Collective et al. 2019). Why then were
the Indian courts, political leaders, and media so interested in saving
Bano? We argue that this staged rescue is a geopolitical strategy that
evokes Muslim men as threat to shore up support for their securitization
within India’s borders. We trace how this rescue, through court cases and
press coverage, maps the Indian nation onto territory through the
exclusion of those understood to be incapable of assimilation.
The trope of “saving Muslim women” (Abu-Lughod, 2002) is mobilized
in India in the service of geopolitical strategies and as a way of welcoming
“good” Muslims (women in need of rescue) into the fold of the nation as
abject subjects, while “bad” Muslims (men who may be aggressors) are
further entrenched as a threat to the nation (Mamdani, 2004). We ground
this analysis in two prominent Supreme Court judgments and their atten-
dant debates. These are Mohammad Ahmed Khan vs. Shah Bano Begum and
Others 1985 AIR 945, popularly known as the Shah Bano judgment and
Shayara Bano vs. Union of India And Others WP(C) No.118 of 2016, known as
the Triple Talaq (divorce) judgment. These two judgments are thirty years
apart, the frst under the left-leaning Indian National Congress Party and the
second under the right wing Bharatiya Janata Party. They both reveal a
gendered territorial politics in which the law enmeshes external geopolitical
and territorial threat with gendered representations of internal danger. The
narratives about these judgments circulate beyond the courtroom, on tele-
vision screens and on the pages of newspapers; therefore our analysis
combines legal judgements with that of politicians’ remarks drawn from
newspaper reports—from 1985 to cover the Shah Bano judgment and the
more recent ones from 2017–19 for stories related to Triple Talaq judgment.
We attend to the representation of Muslim women and the role of the Indian
state and its courts, how they justify and legitimate decisions, and how the
* Corresponding author.
E-mail addresses: pallavigupta@unc.edu (P. Gupta), banug@email.unc.edu (B. G¨ okarıksel), shsmith1@email.unc.edu (S. Smith).
Contents lists available at ScienceDirect
Political Geography
journal homepage: http://www.elsevier.com/locate/polgeo
https://doi.org/10.1016/j.polgeo.2020.102257
Received 26 March 2019; Received in revised form 26 June 2020; Accepted 9 July 2020