Here is the Video:

“I’m being held captive in Manali Hotel. I have come to this land of Babasaheb Ambedkar the first time. I wanted to pay him my respects. I want to know under which Act have I been detained. I ask the Maharashtra government and the police to tell me under what provision of the law have I been detained. The country should run as per the Constitution but today the Constitution has been set aside. 

“I wanted to visit Chaityabhoomi. I wanted to hold a press conference. I wanted to speak to the people and understand their struggle. What is happening to me today can happen to anyone who raises their voice against injustice. Whatever happened to AArticle 19 of the Constitution? I want to make it clear that the country must be run as per the Constitution. I am carrying my own copy. Some people harbour the dilusion that the country will be run as per decisions made in Nagpur or as per the Manusmriti. But I will not let that happen.

” I will not stop. I will not bow down and I cannot be bought. Even if you arrest me, I am prepared to make sacrifices to ensure that the Constitution is honoured. I know the present government will try to stop me. Let me see how many times they try. Jai Bhim. Jai Bhim Army.” 
 

The post I won’t stop or bow down and I cannot be bought: Chandrashekhar Azad appeared first on SabrangIndia.

The Union government’s plan to bring in a new law to end triple talaq is nothing but interference in Shariah law, the All India Muslim Personal Law Board (AIMPLB) has stated in a press release. The statement adds that the proposed law is in violation of the right to freedom of religion guaranteed to minorities under the Indian constitution.

Issued by the secretary and spokesman of the Board, Maulana Khalid Saifullah Rahmani, the statement said, “Talaq is a religious issue. Once divorced a woman becomes haraam (prohibited) for her husband. Making triple talaq (instant divorce) illegal will mean that the divorced couple will be forced to stay in the relationship. This will put them in a situation which according to Islam is a grave sin, amounting to illicit sex”.

Muslim and other secular women’s organizations contest the Board’s claim that divorce is a religious issue. They are all in favour of a law declaring the practice of instant triple talaq as illegal. However, many suspect the BJP-led NDA government’s motive behind the ‘hasty’ move and are in principle opposed to criminalization of any aspect of family law.  

The Board’s statement said triple talaq is a highly undesirable practice, a misuse of the provision in Shariah law on divorce. However, misuse of a law cannot be a pretext for doing away with the law itself. Citing the provision for declaration of an Emergency under certain circumstances, the statement said the provision was misused in 1975. Despite this, even the opposition which was fiercely opposed to the imposition of Emergency did not scrap the Constitutional after coming to power.

The Board itself is opposed to the misuse of the triple talaq provision and is running a countrywide campaign against the practice, the statement added.  
“In principle we fully support the enactment of a law that makes triple talaq or instant divorce illegal. However, we strongly suspect the intention and the haste with which the government wants to bring in the new legislation,” said Hasina Khan of the Bebaak Collective, an umbrella body of several women’s groups.

The Collective challenges the government’s claim that its decision to move a Bill now is based on feedback that triple talaq is continuing across the country even after being set aside by the Supreme Court in August. “What monitoring have they done? Which Muslim women’s groups have they consulted? In which state? No space has been given for consultation with Muslim women’s organizations,” Khan told Sabrang India.

In view of the above, the Bebaak Collective is deeply suspicious of the government’s proposed move, doubly so in view of the talk of criminalizing the triple talaq practice. “We are in principle opposed to criminalizing any aspect of family law for any community. Marital relations are after all a civil matter.”

The Bebaak Collective is equally opposed to the stand of the All India Muslim Personal Law Board that talaq is a religious issue. “The Board is nothing but an empty balloon without credibility. They are using the legitimate fear the community has of the BJP/RSS to raise the religion bogey”, said Khan.

While the CPM-affiliated All India Democratic Women’s Association (AIDWA) too is generally suspicious of the BJP-led central government’s intent, it has decided to wait for the government’s draft before responding.

“Let the government come out with its draft. Let’s see what it has and we will respond accordingly,” AIDWA general secretary, Mariam Dhawale told Sabrang India.
As for the Board’s views on triple talaq, Dhawale said her organization has consistently opposed the practice and has actively helped individual Muslim women victim’s fight for justice. “In fact, the Board’s position is self-contradictory. It legitimizes triple talaq even while it considers it to be a repugnant practice”, said Dhawale.

The Bharatiya Muslim Mahila Andolan (BMMA) has reportedly been meeting Parliamentarians from different parties to canvass support for a law aimed at comprehensive codification of Muslim Personal Law just as personal laws of other communities is codified. Meanwhile, it reportedly supports the enactment of a law making triple talaq illegal as a step in the right direction.  
 

The post Women’s groups support law declaring triple talaq illegal, but suspect BJP’s motive, contest Personal Law Board’s view appeared first on SabrangIndia.

Photo Credit: http://cancerincytes.scienceblog.com/

The currently pending Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2016, which has been put out by the Ministry of Women and Child Development for discussion must include all stake holders

  
On June 22, 2016, HAQ and the Campaign against Child Trafficking (CACT) released a report on child trafficking in India.  At this event a public hearing was organised in which child survivors (some of whom are now adults) deposed before an eminent jury.
 
The Jury Members were Lushin Dubey, Siddharth Luthra and Om Thanvi. A detailed report on Child Trafikking was also released. It can be read here
  
A succinct Verdict was prepared by the Jury. This is what it says:
 
On hearing the depositions and reading the stories of those who are unable to depose due to emotional reasons, which we respect, the jury has the following observations to make:
 

1. The issue is complex and not limited to just the legal aspect but also relates to social and economic issues.
2. The issue of child tracfficking has to be tackled at its root and there has to be an environment created to prevent trafficking by empowering urban/rural communities, creating awareness and providing education to families and children. Moreover, as an act of preventive measure, providing opportunities of employment and security within the community in collaboration with the local government, NGOs and the police seems to be the need of the hour to act as a preventive measure.
3. The next stage is of community response which must be calibrated with necessary and relevant education and training to act both as a preventive measure, and to enable adequate rehabilitation measures and acceptance of children as victims of crime, needing special care within the community. This requires proactive efforts at both the state and local government level as well as on a social level.
4. These are different categories of trafficking – whether through coercion, kidnapping or with the consent of the parents – all of which need to be dealt with, in their distinct forms. The legal framework also needs to be reviewed to ensure complete coverage. This review must happen on a 5/10 yearly basis by viewing the impact of legal and administrative changes on the menance.
5. Reporting of crime is an issue which has to be dealt with by the law enforcement agencies. Perhaps units akin to economic crime/crime against women (CAW) which carry out pre-investigative enquiries need to be set up. This would ensure that from the time of reporting, even if an FIR is to be deferred, the police machinery begins their work immediately.
6. Lack of coordination between state police agencies, anti-human trafficking units (AHTUs) and other agencies tasked with child care has to be legislatively and administratively streamlined.
7. The investigation has to be specialized, made efficacious and standardized protocols need to be adopted throughout the country to avoid state-wise variations despite the presence of central substantive and procedural laws.
8. Investigation must be comprehensive as it often has inter-state ramifications and cannot be limited to one or the other aspect alone merely because of the convenience of the police.
9. Integrity of police investigation and efforts need to be provided for and improved. A review mechanism should be created within each state since police is a state subject.
10. Special prosecution efforts have to be taken keeping in view the nature of crime. The judicial process needs to be expedited and there should be timely review by the High Court.
11. Post investigation and prosecution, there have to be adequate standardization measures for rehabilitation and compensation, including medical treatment, to ensure that all victims are provided proper relief and assistance at state cost for their rehabilitation first within the community and then in the society at large. The victims should also be able to access their right to education, including vocational training, as part of the rehabilitation program.
12. The jury that all the concerned stakeholders, including NGOs and particularly survivors, should be properly consulted before the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill 2016, which has been put out by the Ministry of Women and Child Development for inviting suggestions, is given a final shape.
13. The jury appreciates the work done by the organizations supporting the victims of child trafficking and the cause.

Cover Photo credit: cseindiaportal.wordpress.com

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