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Instant Triple Talaq: Muslim Personal Law Board defiant but not to file for review

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Displeasure expressed over government’s attack on personal law of Muslims

Even while claiming to respect the August 22 verdict of the Supreme Court’s constitution bench, the All India Muslim Personal Law Board (AIMPLB) has chosen to stick to its stand that though sinful instant triple talaq remains valid in Shariah. By a 3:2 majority judgment, the 5-member constitutional bench had declared the Muslim practice of instant divorce as both “un-Quranic” and “bad in law”.

The Board’s response was made clear at its executive committee meeting of the AIMPLB in Bhopal on Sunday. This is the first meeting of the Board’s executive committee after the apex court’s verdict.

During informal discussions a strong view emerged that seeking a review of the apex court’s verdict was risky. A new chief justice has taken over and there was a likelihood of other issues like nikah halala and polygamy being included in the hearing. In view of the apprehensions, there was no formal discussion on the review question.

The Board accused the Union government of targeting Muslim personal law and welcomed the 3:2 verdict of the constitutional bench in favour of personal laws being an integral part of religious freedom which in turn was a guaranteed fundamental right.

The executive committee resolved to appoint a special committee comprising of senior religious scholars and lawyers to examine the apex court’s order and identify inconsistencies within it vis-à-vis the Shariah.

Board member Zafaryab Jeelani said the Board has consistently maintained that instant triple talaq is an undesirable practice and that the Board’s ongoing campaign to educate Muslims will continue. He added that an appeal has been issued to qazis across India to advice couples in this regard during the nikaah ceremony and “if possible” to incorporate an appropriate clause in the nikahnama.

A statement issued by the Board stated: “The government had laid bare its intention in the form of the Attorney General’s submissions in the Hon’ble Supreme Court that all forms of dissolution of marriages without intervention of the court should be declared as unconstitutional. We register our displeasure and consider it as attack on personal law of Muslims. This stand of the present government is contrary to the protection guaranteed by the Constitution of India. We make [a] categorical statement that the community cannot and shall not tolerate such attack on personal law of Muslim community.”

A longtime Board member Kamal Farouqui was quick to tell the media that the AIMPLB did not believe in taking issues to the street and adopt a confrontationist stand. It may be recalled, however, that taking to the streets and adopting an aggressive posture is precisely how the Board had reacted to the apex court’s verdict in the Shah Bano case in 1986. The all-India agitation had continued until the then Union government headed by Prime Minister Rajiv Gandhi bowed to the Muslim demand for a separate law for divorced Muslim women.

On the issue of seeking a review, one Board member made some interesting remarks while talking to the Indian Express.  He said: “There is a saying in Urdu, ‘Namaz bakshwane gaye they, roze gale padh gaye (Had gone to seek exemption from namaz, ended up being saddled with roza)’. Things have changed since the last order, there is a new CJI [Chief Justice of India], there will be a new Bench looking at it. What if they do not feel the same way about personal laws? What if they want to examine other practices like polygamy, nikah halala etc, like the original two-judge Bench had wanted examined? We would end up opening more fronts than we would like to. That is why the review petition never came up in the executive committee.”

The Babri Masjid case pending before the Supreme Court was also discussed at the executive committee meeting. While reiterating its earlier stand of respecting the apex court’s verdict whatever it might be, the Board expressed surprise at the court’s decision for a day-to-day hearing of the matter in December.
 

Amazing Grace: The life and death of Gauri Lankesh

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जिस्म की मौत कोई मौत नहीं होती 
जिस्म मिट जाने से इन्सान नहीं मर जाते
धड़कनें रूकने से अरमान नहीं मर जाते
साँस थम जाने से ऐलान नहीं मर जाते
होंठ जम जाने से फ़रमान नहीं मर जाते
जिस्म की मौत कोई मौत नहीं होती — साहिर लुधियानवी

Gauri Lankesh’s assassination has led to a massive and spontaneous outpouring of grief and anger all over the country. A large number of articles have appeared on her and her work, and what her killing portends for the country. In this blog post, we put together a small selection of writings on Gauri Lankesh, her killing, and what it means to all of us.
 

  • Who was Gauri Lankesh? The News Minute staff put together a brief note on Lankesh’s life and work, giving an insight into how she got politicized.
  • ‘It was to kill the spirit and provocations of Gauri Lankesh Patrike that Gauri Lankesh had to be killed’, argues historian Janaki Nair, as she explains to non-Kannada readers the role that the tabloid played in Karnataka’s political landscape.
  • Who killed Gauri Lankesh? Her lawyer, B.Y. Venkatesh, who appeared for her in 15 defamation cases is clear that her killing was a sinister and pre-planned act by ‘Hindu terror units’.
  • In last 4 years, Narendra Dhabolkar, Govind Pansare, and M.M. Kalburgi have been murdered in a similar fashion.  All of them including Gauri Lankesh were fierce critics of the extremist forces in society. They spoke and wrote in regional languages and confronted the divisive forces where it mattered the most. Sidharth Bhatia of The Wire writes about the reach of regional-language journalism.
  • In a tribute as feisty as the subject, Mrinal Pande writes about what happens when a woman voluntarily gives up writing in English, marriage, and motherhood and fraternizes with vernacular speaking people not of her own class.
  • A large number of journalists have been attacked and killed in India over the past couple of decades. P. Sainath analyses what Lankesh’s killing means for journalism today.
  • After Gauri Lankesh’s death, the foot soldiers of the Hindu Right, both on and off social media, started a vicious campaign against her. The indefatigable portal Alt News put together a story about hateful tweets, some of which came from accounts followed by the Prime Minister.
  • And then there are those who justified her assassination. Karnika Kohli of The Wire reports.
  • Ravish Kumar had advice for the Prime Minister. Follow me instead of the goons, he said.  
  • Throughout her career, Gauri Lankesh spoke her mind against oppression and injustice. Even on the day when she was murdered, she had tweeted about the Rohingya crisis. She wasn’t afraid of anybody. She continued her relentless fight even after getting threats. In the way she lived her life, she has once again taught us how to be fearless. Ganesh Devy’s heartfelt tribute.
  • Gauri Lankesh reached out to many activists and helped them in numerous ways. The Quint puts out heartwarming photos of Lankesh with Jignesh Mevani and Kanhaiya Kumar, who were among her ‘adopted sons’.
  • Perhaps few people knew Lankesh better than her ex-husband, Chidanand Rajghatta. He writes movingly about his unusual relationship with her.


 

“My Constitution teaches me to be a secular citizen, not communal. It is my right to fight against these communal elements. I come from the state of Karnataka, which has produced Basava, who opposed caste inequality and injustices in the society and am a citizen of India whose Constitution was written by Dr. B.R. Ambedkar. He fought against communalism. I am just taking forth this fight against injustice in my own capacity. I believe in democracy and freedom of expression, and hence, am open to criticism too. People are welcome to call me anti-BJP or anti-Modi if they want to. They are free to have their own opinion, just as I am free to have my opinion,” – Gauri Lankesh  
 

   
Courtesy: Leftword