Homa Arjomand
416-737-9500
November 23,2010
Polygamy
in Canada Should Remain Illegal
Polygamy is illegal in Canada but to
date no one has been arrested or faced the consequences for being in a
polygamist relationship. This inaction
has led to no enforcement of the law. Such
policies allow polygamist families to legally enter Canada by declaring the
first wife as the legal wife and the second, third and fourth “wives” as
dependents along with their children. Young
girls are pushed in polygamy relationships by the leaders of their parents’
religion. A wave of women involved in
polygamy fled from Bountiful (BC) and presented their case publicly.
Books and
articles were written by these brave women. They disused the
effects of polygamy on their lives and their children, they talked about
women’s oppression, sexual abuse and of men’s aggression towards young girls. They described child sexual abuse
masquerading as a marriage and child trafficking for the purpose of
marriage. Some courageous women went even further and discussed the
effects of polygamy in society at large. Sadly no law enforcement was
involved in any of these cases, even though Act 293 was present on the law
books.
Now after all the reports by these
women bringing attention to the plight of being caught in a polygamy
relationship, and after all the evidence of injustice, discrimination and
abuse, something is actually happening. But not for women and children
who have suffered in polygamy relationships, not for the ones who put their
lives in danger by presenting their cases to media.
Instead the situation allows for further victimization of women and
compromising women’s right for the sake of religious rights. This is a disgrace
to humanity.
Today there was a challenge over Section
293 of the Criminal Code in the British Columbia Supreme Court. The
attempt was to de-criminalize polygamy. The distressing part is that the
attempt was said to be beneficial for women! The following are some
statements that have been put forward under the name of women’s rights !
·
Polygamy laws actually helped enable
abuse in closed, religious communities such as the one in Bountiful. – Beverley
Baines
·
Women in legal polygamous marriage
will not be able to immigrate to Canada. – Beverley Baines
· The door is legally closed for women in Canada who want to
terminate their polygamous relationship. – Beverley Baines
·
Because Canada has adopted a policy
of multiculturalism, it follows that Canada needs to adapt laws to accommodate
the diversity of the population. – Beverley Baines
The reality is the law in Canada needs
to be more progressive which means a move more towards gender equality that is
not based on an assumption of gender equality as we are far behind it.
Some residents involved in polygamy in Canada still follow the 7th century
tradition of Sharia law, and some remain hundred
years behind the civilized world. The authorities need to enforce
progressive laws and regulations or else women will never be able to gain full and unconditional equality. Only by
putting in place laws and progressive measures women will be able to gain
complete equality in Canada. I am for repealing
of any law and regulation that restricts the rights of women and puts them in
position as second class citizens.
It should be known to everyone by
now that women in Islamic communities are pressured by their family, members of
the community and religion to become involved in a degrading relationship such
as polygamy. In these communities, men are
considered as “head of the family”. He is in charge of the family’s
finance, choice of residence, up–bringing of the children, and control of the
social interaction of his wife and children.
Can anyone see gender equality in this picture? That is not all, men have
right to marry more than one wife and many seegheh
(temporary wives). Women in these sects, cults or Islamic communities
would never, ever have the right to have two or three husbands at the same
time. The
consequences of getting emotionally involved with another man is harsh,
sometimes as harsh as losing their life or being disowned by all members of
their community. Women are forbidden to see their own children. All
these injustices are happening in all provinces of Canada.
I am perplexed how someone can call
oneself a concerned global citizen but close her or his eyes to the inhuman
treatment of women and children.
After 100 years of having a law that
makes polygamy illegal in Canada, polygamy still goes on. It is not the
fault of Act 293. It is because although the Act is on the law books, it
has never been enforced by the police and the court system. I believe for
the past seventy years only one case went through the court system in this
regard.
Polygamy needs to remain illegal but
Act 293 needs to be amended. Right now the assumption of this Act is that
women and men have gained gender equality and women willingly enter into these
relationships. The truth is because of the adopted policy of
multiculturalism, some sects and cults who have been living in this country for
past century never had chance to live according to today’s progressive ways of
living. The policy of multiculturalism has put thick invisible walls
between communities. Each community lives according to their home country
culture, traditions and religion. They are encouraged to do so. In
some cases these communities receive financial support and validation from the
Canadian government in order to keep their way of living instead of integrating
in Canadian society.
In all these equations, there is no
consideration for women’s rights. It should not come to our surprise if
we hear or witness women are set on fire and are burnt for losing their
virginity, young girls and women face honour killings
for not being obedient or for having a boyfriend in Canada. Child
trafficking for the sake of marriage is another down side of multiculturalism.
Therefore as long as the policy of
multiculturalism maintains in Canada, gender equality is out of picture, so to
prosecute women who are involved in polygamy relationships is a joke. I
believe Act 293 prosecutes women and men equally for being in polygamist
relationship. As I said it before, the assumption is that men and women
have an equal say in their marriage. Most women
involved in polygamy relationship have no control over their body and
mind. The right of choice has been taken from them right from birth by
their parents, culture, and religion.
It is justified to say the Act 293
must get amended in such a way that all men or anyone who performs or assists
in polygamy marriages must be arrested and prosecuted for the crime against
women and children.
We need to get a lot tougher with
polygamists and start prosecuting men and religious leaders who perform such a
marriages. Polygamy is a disgrace to gender
equality.
It
has been said that to criminalize polygamy is against the Charter of Rights of
Freedom of religion. Women’s rights and
children’s rights must not be compromised under any circumstances and
that includes religion. As everyone is aware, in Islam and some other
restricted religions, child brides is an on going practice even in Canada, behind the closed doors by laws such as Sharia laws. But because it
is an ongoing practice, we did not drop the Act for Universal Rights of
the Child to suite Sharia law or of any other
religion, for the sake of freedom of religion. Instead child brides are
considered a crime and men caught in this matter would face charges for sexual assault. The same should go
towards polygamy. Religions should be declared as private affair of the
individuals and not allowed to interfere with any law in Canada. The civilization in 21st century should not
tolerate interference of religion in laws and
regulation.
I have been aware that a
woman with two male common–law partners is challenging the polygamy law in
In response to this case I must say
in this particular situation gender equality exists, all three parties have control
over their own bodies and minds. They are all adults and there is no form
of coercion to push them into this relationship.
They all have equal rights in their family setting. They all equally make
decisions concerning the family’s property and finances and all matters
concerning cohabitation. They all participate in caring for children in
their family. In this case free and consensual sexual relationship is
undeniable right. They are completely free in deciding over their sexual
relationship. Voluntary relationships of
adults with each other are their private affair and no person or authority
has the right to scrutinize it, interfere with it or make it public. I
consider this relationship modern and progressive. This revolutionary
relationship does not need any permission (marriage license) from the
government or any religious leaders. This case is not comparable with adult women
living in sects or cults or in Islamic communities in Canada. They can
not be put in the same category. One belongs to today’s modern world
while the other belongs to an ancient time. How
else can one describe it, when adult women practically have no choice to choose
their own partners? They are never able to live with two male
partners, not even in their dreams.
In these closed communities women
have no control over their sexuality and have to accept the husband her parents
or the elder of her community chooses for her. And if she disagrees, she
will face harsh consequences. No free women
ever will agree to be in a relationship with someone she has no feeling
for.
Polygamy in Canada
should remain illegal and enforced by police in order to empower women and
eliminate discrimination against women; in order to abolition of man’s
privileges as the so-called “head of the household”. in
order to prevent degradation and violent treatment of women and girls in the
family. In order to eliminate any form of degrading, male-chauvinistic,
patriarchal and unequal treatment of women in family, community and public
institutions.