sabrangindia-staff | SabrangIndia https://sabrangindia.in/content-author/sabrangindia-staff-7538/ News Related to Human Rights Mon, 08 Feb 2021 12:09:00 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png sabrangindia-staff | SabrangIndia https://sabrangindia.in/content-author/sabrangindia-staff-7538/ 32 32 Super Bowl features 30-second farmers protest advertisement https://sabrangindia.in/super-bowl-features-30-second-farmers-protest-advertisement/ Mon, 08 Feb 2021 12:09:00 +0000 http://localhost/sabrangv4/2021/02/08/super-bowl-features-30-second-farmers-protest-advertisement/ The Fresno Sikh community along with the city Mayor expressed solidarity with Indian farmers in their battle to assert their basic human rights.

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farmers protest

Popular American football championship Super Bowl featured a 30-second commercial on February 7, 2021 in favour of the on-going farmers struggle in India, calling the movement “the largest protest in history” said The Hindu.

The commercial began with a quote from Martin Luther King: “Injustice anywhere is a threat to justice everywhere.” This was followed by snapshots of the farmers’ tractor parade and their border camps overlaid with text alleging human rights violations against protesters. Punjabi music also played as the screen flashed the words “No Farmers, No Food, No Future.”

The airing of this advertisement during one of the most-watched sports events of America, was funded by a Sikh community in Fresno city of central California that enjoys a large Sikh population –  40,000 people as per local reports.

The video that was aired in parts of the US also included a message from Fresno Mayor Jerry Dyer along with a mention of pop music icon Rihanna’s viral tweet regarding the protests.

“We want you to know, our brothers and sisters in India, that we stand with you,” said Dyer.

Later, the social media platform of the Kisan Ekta Morcha, the official voice of protesting farmers, thanked the Fresno community for putting up the advertisement. The 30-second spot for Super Bowl 2021 cost $5.5 million for a viewership that was around 100 million in 2020.

As per the video editor “Teji Video” Instagram update, the commercial was scheduled to air between 3 PM and 3.30 PM Fresno time, right before the Super Bowl game began on Sunday. The farmers movement against the three laws – the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act and the Essential Commodities (Amendment) Act – has attracted international attention over the past two to three months.

Other than Rihana, climate activist Greta Thunberg, MPs from Britain and Canada, American vlogger Amanda Cerny, media personality Mia Khalifa and many others have voiced their solidarity with Indian farmers. Meanwhile, the Ministry of External Affairs rebuked Rihanna and Thunberg in its official statement. Farmers’ organisations have in turn thanked the international expression of solidarity and asked for the release of detained farmers who were arrested after Republic Day events.

Related:

Allow peaceful protest by farmers: US Congress to India

Rihanna, Greta Thunberg support Indian farmers; MEA cries foul

British Parliament may consider debate on Indian farmers’ protests

India falls to 53rd rank in Global Democracy Index due to ‘democratic backsliding’

Farmers’ movement: How NIA summons triggered the ‘Khalistan’ conspiracy theory

Farmers’ Protest: International pressure mounts on India

It’s Modi vs Farmers: NRI children of Punjab’s farmers

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Five Judges of the SC will Now Decide whether Women Can Enter Sabarimala https://sabrangindia.in/five-judges-sc-will-now-decide-whether-women-can-enter-sabarimala/ Fri, 13 Oct 2017 10:20:18 +0000 http://localhost/sabrangv4/2017/10/13/five-judges-sc-will-now-decide-whether-women-can-enter-sabarimala/ Can women enter Sabarimala? Supreme Court refers case to 5-judge constitution bench. The Supreme Court has referred the matter pertaining to the ban on the entry of women into Kerala’s famous Sabrimala temple to a five-judge constitution bench. –A 5-judge constitution bench will decide if Sabarimala Temple can restrict women’s entry. –Supreme Court had in […]

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Can women enter Sabarimala? Supreme Court refers case to 5-judge constitution bench. The Supreme Court has referred the matter pertaining to the ban on the entry of women into Kerala’s famous Sabrimala temple to a five-judge constitution bench.

Sabrimala Temple

–A 5-judge constitution bench will decide if Sabarimala Temple can restrict women’s entry.

–Supreme Court had in July 2016 indicated that it could refer the matter to the bench.

–LDF govt in 2007 filed an affidavit, saying it favoured entry of women in the temple.

The Supreme Court today referred the matter pertaining to the ban on the entry of women into Kerala’s famous Sabrimala temple to a five-judge constitution bench. The apex court has framed several questions, including whether the temple can restrict women’s entry, which are to be confronted by the constitution bench.

The Supreme Court had in July 2016 indicated that it may refer the question – whether the constitutional right to equality of a woman could be raised to “interfere” with the religious beliefs and customs denying entry to women in Sabarimala temple – to its constitution bench.

The question was whether women’s right to equality before law guaranteed under Article 14 could be invoked in the face of the freedom of conscience and free profession, practice and propagation of religion guaranteed under Article 25 and Freedom to manage religious affairs guaranteed under Article 26 of the constitution. It was the The Indian Young Lawyers Association has petitioned for the opening of the temple gates to women in the age group of 10 to 50 years, while the Travancore Davaswom Board and others have opposed the plea.

The CPM-led Left Front government in 2007 had filed an affidavit, saying that it favoured the entry of women in the temple. But this position was reversed in another affidavit filed by the Congress-led UDF government in February 2016.
 

1.  Unholy and Unconstitutional: the ban of women from Sabarimala

2.  Flip Flop Flip: Kerala Govt is Now for Women’s Entry into Sabarimala

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SC overrules Gujarat HC order to state government to rebuild Muslim religious places destroyed or damaged during 2002 communal violence https://sabrangindia.in/sc-overrules-gujarat-hc-order-state-government-rebuild-muslim-religious-places-destroyed-or/ Tue, 29 Aug 2017 07:52:42 +0000 http://localhost/sabrangv4/2017/08/29/sc-overrules-gujarat-hc-order-state-government-rebuild-muslim-religious-places-destroyed-or/ The Supreme Court today overruled the 2012 order of the Gujarat High Court which had directed the state government to rebuild, at its cost, over 500 Muslim religious places destroyed or damaged during 2002 communal violence. A bench of Chief Justice of India Dipak Misra and Justice PC Pant however added that the state government’s […]

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The Supreme Court today overruled the 2012 order of the Gujarat High Court which had directed the state government to rebuild, at its cost, over 500 Muslim religious places destroyed or damaged during 2002 communal violence.

Supreme Court

A bench of Chief Justice of India Dipak Misra and Justice PC Pant however added that the state government’s scheme of paying ex-gratia of Rs 50,000 for damaged residential and commercial properties would apply to religious properties as well.

The apex court’s ruling came after hearing a petition filed by Gujarat government challenging the high court order directing it to pay compensation to more than 500 shrines damaged during the 2002 communal carnage. While ordering the compensation, the high court order had also passed severe strictures against the then chief minister Narendra Modi’s administration for its failure to contain the violence.

In its appeal before the Supreme Court the Gujarat government had expressed its willingness to pay the same ex-gratia compensation amount of Rs 50,000 which it had earlier paid in case of damage to residential or commercial premises.
Two days earlier, on Monday the bench had wondered if it would be proper in a secular state to order compensation for rebuilding places of worship.

 “Money is required for economic growth… individual injury is a different thing where compensation is granted under Article 21 (right to life and liberty) of the Constitution. Can it happen in a diversified country that a state is distributing public money to build religious places?” the bench had observed.

Appearing on behalf of the Gujarat government, Additional Solicitor General Tushar Mehta argued that Article 27 of the Constitution prohibits asking people “to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.”
 

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Declare Floods a National Problem demand Tea Tribes: Assam https://sabrangindia.in/declare-floods-national-problem-demand-tea-tribes-assam/ Thu, 24 Aug 2017 11:49:31 +0000 http://localhost/sabrangv4/2017/08/24/declare-floods-national-problem-demand-tea-tribes-assam/ Guwahati, Aug. 23: The Joint Action Committee of Tea Tribes Adivasi Assam has demanded that the floods in the state be declared a national problem according to a report in The Telegraph. If this demand is not met by February 2018, the organisation has also threatened to launch an agitation in tea gardens, including a […]

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Guwahati, Aug. 23: The Joint Action Committee of Tea Tribes Adivasi Assam has demanded that the floods in the state be declared a national problem according to a report in The Telegraph.

Assam Flood

If this demand is not met by February 2018, the organisation has also threatened to launch an agitation in tea gardens, including a blockade of tea exports from the state.

The organisation took the decision at a recent meeting attended by intellectuals and leaders of the tea tribes.”Assam suffers from floods every year. Many people are rendered homeless. This year, the disaster caused huge damage. So providing compensation and relief is not the only solution. The Centre should declare the floods as a national problem and do their best to prevent it permanently,” the organisation’s chief convenor Israil Nanda said.

“If the Centre and the state do not take any initiative in this regard by February, we will stage protests in every tea garden. As part of the agitation, no worker will do any plucking. We will also block the export process,” he added.

There are more demands: the organisation also warned the government to take a decision on granting Scheduled Tribe (ST) status to six communities of Assam.

“We seek a clear stand of the state government on this issue. There are some restrictions for the tea tribes in Assam to get ST status. We will demand an autonomous council for the tea tribes. A study committee is working to prepare a proposal for the autonomous council,” Nanda said. The committee also alleged that workers under the Assam Tea Corporation are deprived of various facilities such as provident fund, bonus and other benefits. The organisation demanded release of Rs 5000-crore package for the tea workers.

“There is discrimination over daily wage among the tea workers of the Barak and the Brahmaputra valleys. After decades of service in the industry, many workers are deprived of bonus and other facilities. Under the Assam Tea Corporation, there are around 25,000 workers in 15 tea gardens in Assam. But those workers have not got a single paisa as provident fund and bonus over the past 15 years. They are also deprived of facilities provided as per the Minimum Wages Act, 1948,” Nanda said. The state government has released no funds to the Tea Workers’ Welfare Board, it alleged.

“The former state government used to provide a package of Rs 100 crore to the welfare board. But the present government has reduced it to Rs 53 crore and that, too, is yet to be released. The condition of the board is also pathetic. The Congress government had decided to collect Rs 2 each from the workers and Rs 4 from the owner of gardens against each worker as the fund for the board. The decision was withdrawn,” he said.

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Why Govt’s Ban on Blue Whale won’t Save our Children, Here’s what More Needs to be Done https://sabrangindia.in/why-govts-ban-blue-whale-wont-save-our-children-heres-what-more-needs-be-done/ Thu, 24 Aug 2017 11:31:07 +0000 http://localhost/sabrangv4/2017/08/24/why-govts-ban-blue-whale-wont-save-our-children-heres-what-more-needs-be-done/ More than six children across India in the age group of 12-19 years have taken their lives allegedly playing this game within a span of two weeks. Although the government has asked companies such as Google, Facebook, WhatsApp, Instagram, Microsoft and Yahoo to immediately take down any links leading to the deadly game it is […]

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More than six children across India in the age group of 12-19 years have taken their lives allegedly playing this game within a span of two weeks.

Blue Whale Game

Although the government has asked companies such as Google, Facebook, WhatsApp, Instagram, Microsoft and Yahoo to immediately take down any links leading to the deadly game it is unclear how these companies would make the game inaccessible. It is because this game is not publicly available and freely downloadable. It is a social media phenomenon where conversations about this take place secretively in closed social media groups.
More Needs to be Done, Here are Some Tips
 
The Blue Whale Challenge – What Parents Need to Know

FAQs
 
a) What is the Blue Whale Challenge and why should parents be concerned about this game?

  1. The Blue Whale challenge is an online game. The game is named so because sometimes whales beach themselves intentionally and die. 

  2. Inthisgame,an online administrator assigns tasks to its participants.The participants are given a period of 50 days to complete each task. The players are expected to take photos of them undertaking the challenge and upload them as proofs for the curator’s approval. The last challenge is to commit suicide. Players of this game cannot stop playing because they are blackmailed and cyber bullied into completing the game. 


This deadly game has spread all over the globe, and in India there have been reports (Report 1, Report2) of children harming themselves and in a few cases even committing suicides, which are allegedly linked to Blue Whale Challenge.

b) Where can children access this game?
Blue Whale is not a freely downloadable game, application or software. Children cannot access it on their smartphones through app stores or on social media platforms like Facebook. It is shared among secretive groups on social media networks. The creators seek out their players/victims and send them an invitation to join.

c) What kind of challenges do the players face in this game?
Some of the challenges in this game are listed below. It may not be a standard list of challenges and it is possible that curators of the game may come up with new ones.
 
More than six children across India in the age group of 12-19 years have taken their lives allegedly playing this game within a span of two weeks.

  1. Carve with a razor “f57” on your hand, send a photo to the curator. 

  2. Wake up at 4.20 a.m. and watch psychedelic and scary videos that curator sends you. 

  3. Cut your arm with a razor along your veins, but not too deep, only 3 cuts, send a photo to 
the curator. 

  4. Draw a whale on a sheet of paper, send a photo to curator. 

  5. If you are ready to“becomea whale”, carve “YES”on your leg. If not–cut yourself many times (punish yourself) 

  6. Task with a cipher. 

  7. Carve “f40” on your hand, send a photo to curator. 

  8. Type “#i_am_whale (rus. #я_кит) in your VKontakte status. 

  9. You have to overcome your fear. 

  10. Wake up at 4:20 a.m. and go to a roof (the higher the better) 

  11. Carve a whale on your hand with a razor, send a photo to curator. 

  12. Watch psychedelic and horror videos all day. 

  13. Listen to music that “they” (curators) send you. 

  14. Cut your lip 

  15. Poke your hand with a needle many times 

  16. Do something painful to yourself, make yourself sick 17. Go to the highest roof you can 
find, stand on the edge for some time. 

  17. Go to a bridge, stand on the edge 

  18. Climb up a crane or at least try to do it 

  19. The curator checks if you are trustworthy 

  20. Have a talk “with a whale” (with another player like you or with a curator) in Skype 

  21. Go to a roof and sit on the edge with your legs dangling 

  22. The curator tells you the date of your death and you have to accept it 

  23. Wake up at 4:20 a.m. and go to rails (visit any railroad that you can find) 

  24. Don’t talk to anyone all day 

  25. Every day you wake up at 4:20 a.m. 

  26. Watch horror videos 

  27. Listen to music that “they” send you 


28. Make 1 cut on your body per day
29. Jump off a high building. Take your life.

d) The government has directed internet companies to ban the game. Should parents still be concerned?

  1. Although the government has asked companies such as Google, Facebook, WhatsApp, Instagram, Microsoft and Yahoo to immediately take down any links leading to the deadly game it is unclear how these companies would make the game inaccessible. It is because this game is not publicly available and freely downloadable. It is a social media phenomenon where conversations about this take place secretively in closed social media groups. You can only be part of the game if an administrator contacts you and enlists you as a potential whale, or candidate. 

  2. Also, it is now available under different names such as A Silent House, A Sea of Whales and Wake Me Up at 4:20 AM. 


Alternatively, there could be other similar games available as well.

e) Which age group is most prone to participating in this game?
Tweens and teens (i.e. 12-19 years) the most vulnerable group of Social Media, are most prone to Blue Whale Challenge.

f) What are the signs in teens that might indicate their inclination towards this game?
1. Most child psychologists say when a child tends to stay by himself/herself, stops interacting with family and friends, often talks about running away from home or even death, or changes eating and/or sleeping habits must be immediately given special attention. These are the basic symptoms of a child who may be inclined towards participating in this online game. Some relevant links to the signs and symptoms may be found here and here.

g) How can parents prevent their children from participating in such deadly online games or intervene?
Here are a few tips on how you can keep your child safe online

  1. Make sure that your child has access to age appropriate online sites which do not promote 
unethical behavior or violence. 

  2. Always ensure that your child accesses internet froma computer placed in the family space. 

  3. Talk to your child more often. Explore the online world together and engage in interesting 
activities demonstrating ethical and safe online behavior. 

  4. Use parental controls on all the devices used by your child. Monitor the screen time and 
keep an eye on his/her online activities. 

  5. Be a role model to your child. Be conscious of your own online activities. 

  6. Talk to other parents, share concerns if any and discuss best ways to help your children. 

  7. Keep yourself updated with recent internet phenomena. 

  8. Observe your child’s behavior closely. Be alert to any unusual changes like moodiness, less 
or no communication, lack of interest in studies and falling grades. If you notice any such changes, closely monitor his/her online activities, talk to school authorities or consult a child psychologist. 

  9. If you find out that your child is already playing the Blue Whale Challenge, immediately stop him/her from using the internet from any devices. 

  10. Inform your local police authority about what has happened and seek their advice on the next safety measures. 


h) How can teachers help?
                Teachers need to keep an eye on falling grades and social behavior of the students. 

                They need to monitor the behavior of each and every child. 
 Theyshouldlookforanti-socialbehavior,theyshouldpersonallytalktosuchchildren who don’t interact with the other children much or are aloof. 

               Iftheyobservesomethingthatmayseemsuspiciousoralarming,theyshouldinform the school authorities immediately. 

               Teachers should also ensure that children do not use any gadgets during school hours. 


  •               They should ensurethat children are sensitized about the pros and cons of the internet 
from time to time. 


i) In case this information doesn’t help, who can you contact?
               NIMHANS 

               AASRA 

               SNEHA INDIA, CHENNAI 

               THE SAMARITANS MUMBAI 

               CONNECTING INDIA, PUNE 

               MAITHRI, KOCHI 

               SUMAITRI 

               LIFELINE FOUNDATION 

               SAATH 

                ICALL, MUMBAI (+91 22 2556 3291, e-mail – icall@tiss.edu) 

                PRATHEEKSHA, KERALA (+91 484 2448830 E-mail – rajiravi2000@hotmail.com) 

                PRATHYASA, IRINJALAKUDA (+91-480 – 2820091) 

                THANAL, KERALA (0495 237 1100 E-mail – thanal.calicut@gmail.com) 

                MAITREYI, PONDICHERRY (+91-413-339999) 

                ROSHNI, SECUNDERABAD (040 790 4646 E-mail – help@roshnihyd.org) 

 
 

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Indore High Court granted bail to Medha Patkar 15 days after she was arrested https://sabrangindia.in/indore-high-court-granted-bail-medha-patkar-15-days-after-she-was-arrested/ Thu, 24 Aug 2017 10:58:36 +0000 http://localhost/sabrangv4/2017/08/24/indore-high-court-granted-bail-medha-patkar-15-days-after-she-was-arrested/ The Indore High Court granted bail to Medha Patkar 15 days after she was arrested. The hearing on bail plea of Vijay, Santu and Dhurji will take place tomorrow. In a significant development, Village Bajrikheda joins en mass resignation drive from BJP’s membership   Indore/Barwani | 23rd August, 2017:  Medha Patkar got bail from the […]

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The Indore High Court granted bail to Medha Patkar 15 days after she was arrested. The hearing on bail plea of Vijay, Santu and Dhurji will take place tomorrow. In a significant development, Village Bajrikheda joins en mass resignation drive from BJP’s membership


 
Indore/Barwani | 23rd August, 2017:  Medha Patkar got bail from the Indore High Court today after she was was denied bail from the Sessions Court. Narmada Bachao Andolan (NBA) has hailed it as a victory against the repressive Madhya Pradesh government which came down heavily on the peaceful protest against forceful eviction and illegal unjust submergence.

Three other oustees, Vijay, Santu and Dhurji, who were jailed along with MedhaPatkar are facing serious charges of 307 and 308. The hearing on their bail application before Indore HC is scheduled for tomorrow. In a significant development that could have further political consequences, outraged with the callousness of the Shivraj Singh Chouhan run BJP government in Madhya Pradesh towards the Narmada oustees, the chief of village Bajrikheda along with other members resigned from the ruling BJP in large numbers. 

 MedhaPatkaris expected to be released tomorrow from Dhar jail where she has spent 15 days. Peaceful protestors along with MedhaPatkar are facing serious criminal charges which arehave been levelled in an arbitrary manner. This was alcearattempt of the government to divert the focus of the movement from the legitimate demands of complete and just rehabilitation of evacuees (as per the NWDT Award and MP Rehabilitation Policy) before the submergence.

The Badwani administration, it is alleged, has also been targeting key activists of NBA by filing cases with false charges against them. 

There is much speculation that the crude anti-people policy of the state of Madhya Pradesh has seriously alienated large villages. This realisation has significantly begun to shake the local support base of BJP which is in power in the state. After the village ofKhapadkheda, the chief of village Bajrikheda BJP along with other villagers resigned in large number from BJP’s membership. Both these village falls in Dhar district.

Hundreds of villagers of Kukshi, Badwani, Sondul Patti, and Villages of Manavar (Avalda, Pichhodi, Nisarpur, Gaangli, Ekalvaara, Perkhad, Bagud), one of the affected villages of SSP, gathered for public protest meetings in their villages and havewritten letter to Prime Minister and Chief Minister of Madhya Pradesh demanding permanent rehabilitation and opposed temporary rehabilitation arrangements. These villagers had earlier also written missives demanding the elease of MedhaPatkar, Durji, Santu and Vijay bhai. 

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50 students Drop Unconscious after Explosion in Ammonia Cylinder: Chhindwara, MP https://sabrangindia.in/50-students-drop-unconscious-after-explosion-ammonia-cylinder-chhindwara-mp/ Thu, 24 Aug 2017 10:38:25 +0000 http://localhost/sabrangv4/2017/08/24/50-students-drop-unconscious-after-explosion-ammonia-cylinder-chhindwara-mp/ The reason for the explosion is yet to be ascertained. Unconscious students have been shifted to nearby hospitals and the school has been evacuated. Indian Expess reports that 50  students fell unconscious after an ammonia gas cylinder explosion in Chhindwara district of Madhya Pradesh. The explosion took place in a cold storage located in the […]

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The reason for the explosion is yet to be ascertained. Unconscious students have been shifted to nearby hospitals and the school has been evacuated.

Indian Expess reports that 50  students fell unconscious after an ammonia gas cylinder explosion in Chhindwara district of Madhya Pradesh. The explosion took place in a cold storage located in the vicinity of schools in the district on Wednesday, August 23 According to district administration officials nearly 800 students were present on the school campus when the leak began in the cold storage. An inquiry into the leak has been ordered by District Collector JK Jain.(http://indianexpress.com/article/india/15-students-unconscious-after-ammonia-cylinder-explosion-in-chhindwara-4809639/)The students were hospitalised immediately following the leak after which the District Collector visited the spot. Accompanied by Superintendent of Police Gaurav Tiwari, Jain said, Fifty students were taken to the district hospital after they complained about uneasiness. They were sent home after medical check-up and being provided medication. We have evacuated the school.” Jain went on to add that they have ordered for an inquiry into the matter and the owner and workers of the cold storage will be questioned in this regard. The leakage intensified after it triggered an explosion in the storage.

The leakage in the cold storage happened around 10 am when students were assembled in the school campus for morning prayers when they complained of uneasiness.

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Urdu Newspapers Hail SC Verdict on Triple Talaq, Pressure Mounts on AIMPLB https://sabrangindia.in/urdu-newspapers-hail-sc-verdict-triple-talaq-pressure-mounts-aimplb/ Thu, 24 Aug 2017 07:03:45 +0000 http://localhost/sabrangv4/2017/08/24/urdu-newspapers-hail-sc-verdict-triple-talaq-pressure-mounts-aimplb/ As pressure is mounting on the All India Muslim Personal Law Board (AIMPLB) to take a stringent stand against instant triple talaq amid growing demands and articulation from among Muslims that community leaders have missed an opportunity to initiate reforms from within, there is a near unanimous welcome to the SC Verdict on Triple Talaq in the […]

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As pressure is mounting on the All India Muslim Personal Law Board (AIMPLB) to take a stringent stand against instant triple talaq amid growing demands and articulation from among Muslims that community leaders have missed an opportunity to initiate reforms from within, there is a near unanimous welcome to the SC Verdict on Triple Talaq in the mainstream Urdu press.

AIMPLB
Image: Indian Express

 
There is also a widespread call for urgent reform. Inquilab is arguably the largest circulation Urdu daily. The leading article in the Inquilab urged the community leaders to admit their mistakes and “lethargy” – a reference to the perceived inability to keep pace with the needs of the time.”Muslims should wake up and introspect to bring about the necessary reforms or else the court will continue to pass judgments and this will raise a big question mark on their leadership,” it said.The editorial pointed out that had Muslim leaders campaigned against the instant talaq, it would not have become a political issue. Urdu newspapers welcomed the Supreme Court judgement on the instant talaq but slammed the Muslim leadership for ignoring the practice for long and not taking any initiative on the issue that had been declared a sin by Islam.

The Urdu media was also far more direct in its criticism of  the Modi government for claiming victory, saying the Centre ought to improve the lot of the Muslim community instead of politicising it and extending only lip sympathy. Several Urdu newspapers, including Inquilab, Roznama Sahara, Siasat, Jadid Khabar and Nadeem, published in Delhi, Lucknow, Hyderabad, Bangalore and Bhopal, have written strong editorials and commentaries calling upon community leaders to see reason.

Syed Faisal Ali of Roznama Sahara lamented how Muslim community leaders had missed an opportunity to bring in reforms from within. Without naming the board, he urged the clergy to seek wider consultations and take into account the feelings of women and community members in general before taking a stand at the Bhopal meeting. Masoom Moradabadi, the editor of Jadid Khabar, felt that the Muslim leadership must wake up to emerging social realities and move on with time. “Islam offers solutions to all issues pertaining to the community. The question is whether we are exploring that or not,” he wrote.

The leading article in the Inquilab voiced the widespread sentiment that the AIMPLB and other opinion makers in the community failed to initiate much-needed reforms, culminating in the Supreme Court verdict.

In the editorial headlined ” Teen talaq aur Supreme Court ka faisla”, the Inquilab said: “The Supreme Court has not said anything on triple talaq but pronounced the instant talaq illegal. It was a responsible judgment and should be applauded.”The editorial was critical of the way BJP president Amit Shah called a media conference to say it was a “historic” judgment.

“There is no discussion on the socio-economic condition of Muslims, especially roti, kapda aur makaan, but triple talaq. If they (the ruling party) are really champions of Muslims, they should initiate welfare schemes for the community’s betterment. Only lip service is useless,” it said.

Role of the AIMLB

Usually, the stand taken by a private body such as the AIMPLB is immaterial once the highest court of the land has outlawed practices like the instant triple talaq. But the official position of the board is expected to play a crucial role in the implementation of the court order on the ground, especially because, in public perception, the instant triple talaq is seen as part of Muslim personal law, although the majority verdict yesterday had ruled to the contrary.
The 51-member executive of the AIMPLB, a private body formed to defend the Shariat personal laws and which derives its influence from the endorsement of almost all Muslim sects, will now meet in Bhopal on September 10 to take a formal stand in the wake of yesterday’s Supreme Court verdict striking down the instant triple talaq as unconstitutional.

Any ambiguity on the part of the board could create problems when violations prompt police action and prosecution under the domestic violence act.However, if the board endorses the verdict, it will help eradicate the practice. Sources have told Sabranfindia that while a  majority view in the board is in favour of a formal stand against divorce at one go. However, some influential members do not want a dilution.Many members of the AIPLB even wish to distance themselves from the affdavit it had submitted before the SC. Their reservations stem from a fear that the abrogation of the instant triple talaq might be used as a stepping stone by the Narendra Modi government to push through a uniform civil code. Lawyers in the law board are drawing solace from the majority verdict that did not question the application of personal laws in civil matters.

 
Jamiat Takes a Questionable Stand

The Jamiat Ulama-i-Hind, which has nearly 10 million members, held a meeting and issued an appeal against the instant triple talaq, citing a reason. “Muslims must, under all circumstances, avoid the practice of the instant triple talaq so that others cannot find ways to interfere in our religious matters,” said a statement by general secretary Maulana Mahmood Madani.

AIMPLB members belonging to the Bohra, Shia and other small sects want board president Maulana Rabey Nadvi to declare the instant triple talaq unlawful at the Bhopal meeting.They feel such an upfront stand will “enhance the prestige” of the board, send a positive message to Muslim women and project the outfit as a law-abiding, gender-sensitive body. In many Muslim sects, the instant triple talaq was already illegal.

“The board maintained silence on the issue on the pretext that it’s under the Shariat law but the top court has outlawed it. What had to be done by the Muslim community has now been done by the Supreme Court. The board members should have been realistic and taken the issue seriously but they did not. If they fail to address other issues concerning the community and fail to bring about reforms even after this verdict, the board will not only become redundant but its very existence will be at stake,” it said.The editorial said the sooner the Muslim leadership embark on the journey of initiating reforms, the sooner they can advance.Jadid Khabar said the ruling party raised the triple talaq for political gains and to ensure that Muslims remained entangled in their problems and did not prosper. It accused the government of sowing seeds of hatred in the country and raising insignificant issues rather than maintaining peace and harmony.

Terming the top court’s judgment “historic”, Hamara Samaj justified the celebration among women who had fought for their rights.
 

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“For the first time…. two judges of the Supreme Court have said that instant triple talaq practice is unconstitutional” https://sabrangindia.in/first-time-two-judges-supreme-court-have-said-instant-triple-talaq-practice/ Thu, 24 Aug 2017 06:52:22 +0000 http://localhost/sabrangv4/2017/08/24/first-time-two-judges-supreme-court-have-said-instant-triple-talaq-practice/ Shivangi Misra in conversation with the lawyer Indira Jaising/ Image courtesy The Indian Express Sivangi Misra (SM): What are your views on the Triple Talaq judgment? Will the verdict open the doors to challenging personal laws in future? Indira Jaising (IJ): I do think so because, as I’ve been saying, the Court has held, in […]

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Shivangi Misra in conversation with the lawyer


Indira Jaising/ Image courtesy The Indian Express

Sivangi Misra (SM): What are your views on the Triple Talaq judgment? Will the verdict open the doors to challenging personal laws in future?
Indira Jaising (IJ): I do think so because, as I’ve been saying, the Court has held, in the past, introducing constitutional law into family law is like introducing a bull in a china shop. But for the first time in over thirty years in the Indian constitutional history, two judges of the Supreme Court have said that this practice is unconstitutional, and that it violates Article 14 of the Constitution of India.
 

The moment you concede that a law dealing with family matters can be declared unconstitutional for violating any provision of the Constitution, there is nothing to stop the Court from declaring any other provision of any other family law as unconstitutional on the ground that it violates Articles 14, 15 and 21 of the Constitution. So, in that sense it’s a breakthrough.
 

SM: Do you think the judgment is a big step in the direction of gender equality in personal laws?
IJ: Well, I would be happier if the Judges had struck it (triple talaq) down on the ground that it violates the right to non-discrimination on the basis of sex. However, what they (the Court) have done instead is that they have struck it down on the ground that it is “manifestly arbitrary”.

SM: So according to you, this an incomplete judgment? There was scope for the judges to give reasons beyond “manifestly arbitrary”?
IJ: Every judgment leaves you with a feeling that something more could have been done. But the real question is, I believe as you yourself asked me earlier, will it advance gender equality?
Yes, it has the potential to advance gender justice, and I think its now up to the future generation of feminist lawyers to argue.
 

Several provisions of Hindu law, Muslim law, Christian law or Parsi law are unconstitutional. There are several writ petitions pending before the Court, which states that temple entry must be permitted to women in Sabarimalai. Obviously, the same question will arise then.

There are also petitions pending in Court in relation to Parsi law. This judgment will also apply there, where the provisions which are said to be protected are no longer protected. It makes a whole lot of provisions and practices which different religious communities have been following, unconstitutional.

Justice Khehar has said, in this judgment that religious consciousness binds people together into a community. It is true, I do agree, that religious consciousness binds people together as a community, but it doesn’t answer if any part of the consciousness or practise being followed out of that consciousness that violates the Constitution will still be protected or not.

So it’s not enough to say that religious consciousness binds you, yes that is an important part of your identity. But the critical issue is where you separate – what is the legitimate domain of religion and what is the legitimate domain of the secular.

For me, the importance of this case was that I was trying to draw those lines between the religious and the secular. The Court has drawn attention to it and as Justice Nariman says that Muslim personal law of marriage is modern. What he means is that a Muslim marriage does not require any religious ceremony. A contract is sufficient to constitute the marriage. A contract of course can be broken but a contract cannot be broken unilaterally, without consequences.
 

So, in answer to your question, I would say that what I would look forward to seeing is a law which says marriage is a constractious civil union for all religious communities, and not just for Muslim women. If this country is willing to accept a Muslim marriage as contractual marriage, I don’t understand why it is  unwilling to accept a Hindu marriage as a contractual marriage? So, in that sense there has to be a common basis for gender just laws.

SM: So you’re saying that we can still have personal laws, but they should all pass the test of constitutionality?
IJ: I am saying that we must learn to separate the secular from the religious. I am saying is that religion has a role to play in our lives, but you cannot allow that role spill over into secular matters. As far as I’m concerned, marriage is a secular constitution.

SM: What do you have to say about the Court being divided on the issue today, particularly the minority judgment?
IJ: It’s true that the Court was divided, but we are concerned with the majority judgment because the minority judgment is never the law of the land. As far as the majority judgment is concerned, they have held the triple talaq to be unlawful, unconstitutional, and therefore that will govern triple talaq in the future.

Indira Jaising is an advocate at the Spureme Court of India.

Shivangi Misra is a Delhi based lawyer working with Indira Jaising and Lawyers Collective.

Courtesy: Indian Cultural Forum

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Keep Out of Our Religious Affairs, Lingayats Tell RSS: Karnataka https://sabrangindia.in/keep-out-our-religious-affairs-lingayats-tell-rss-karnataka/ Wed, 23 Aug 2017 09:35:51 +0000 http://localhost/sabrangv4/2017/08/23/keep-out-our-religious-affairs-lingayats-tell-rss-karnataka/ The Lingayat community in Karnataka is politically influential and significant and makes up nearly 17 percent of the state population. Led by former chief minister BS Yedurappa, they have been key supporters of the BJP in the northern parts of Karnataka in recent years. Image: Indian Express Leaders of the dominant Lingayat community in Karnataka, […]

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The Lingayat community in Karnataka is politically influential and significant and makes up nearly 17 percent of the state population. Led by former chief minister BS Yedurappa, they have been key supporters of the BJP in the northern parts of Karnataka in recent years.


Image: Indian Express

Leaders of the dominant Lingayat community in Karnataka, who held a huge rally in Belagavi on August 22 to press for recognition of Lingayats as a separate religion, have asked RSS chief Mohan Bhagwat to “not interfere in matters pertaining to the community”. This public declaration came in response to recent reports that Bhagwat, during a visit to Hubbali, had advised Lingayat seers to convince community leaders to drop the demand for status of independent religion. Speaking at the rally, Mathe Mahadevi, a woman seer who is one of the spearheads of the Lingayat movement, said the RSS chief should focus on convincing Prime Minister Narendra Modi regarding their demand. “He should use his influence with Modi to speed up the process of granting us the status of an independent religion,” she said.(http://indianexpress.com/article/india/dont-interfere-lingayat-leaders-tell-rss-chief-mohan-bhagwat-4808990/)

“We live in accordance with the principles of a modern democracy and not vedic ideology like Bhagwat does. We need not heed the advice of such leaders,” another seer, Basava Jaya Mrutyunjay Swami, said. He said Lingayat political leaders must not be slaves to the ideology of their parties but should follow the teachings of the 12th century saint Basaveshwara, the founder of the community.

Lingayat leader and member of the state legislative council Basavaraj Horatti said that the Lingayat community must be allowed to handle its own affairs without interference from outside. The seer of the Gadag Tontad mutt, Siddhalinga Swami, said right-wing leaders like Bhagwat were trying to derail their movement. He said the ideals of Lingayatism and Hinduism are at cross purposes since Lingyatism is based on the premise that there can be no discrimination based on class, caste and gender.
In a stunning and radical declaration the seers said, “We were never part of Hinduism. So, there is no question of us walking out of the Hindu fold. We have been a separate religion for 900 years. It is only a matter of time before the government recognizes us as a separate religion,” said former IAS officer S M Jamdar who is a part of the moverment. “Even if Lingayats were to continue to be a part of Hinduism we would be considered Shudras. Hence there is a need to recognise Lingayatism as a separate faith,” Jamdar said.

The Lingayat community in Karnataka who make up nearly 17 percent of the state population have been key supporters of the BJP in the northern parts of Karnataka in recent years. The Congress government in Karnataka has been tacitly supporting the Lingayat demand for the status of an independent religion with several ministers participating in meetings held to further the cause.

Chief Minister Siddaramaiah has stated that he is willing to recommend the status of an independent religion for Lingayats to the central government if the demand from the community is unanimous. BJP’s national president Amit Shah on a recent visit to Karnataka dismissed the Lingayat demand as a political game being played by the Chief Minister Siddaramaiah in the run-up to the 2018 assembly polls in the state.

 

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