Muslim Women | SabrangIndia News Related to Human Rights Thu, 10 Sep 2026 05:28:24 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Muslim Women | SabrangIndia 32 32 When purdah becomes prison https://sabrangindia.in/when-purdah-becomes-prison/ Thu, 10 Sep 2026 05:28:24 +0000 https://sabrangindia.in/?p=49243 Kerala's Grand Mufti Aboobacker Musliyar and the Misreading of Qur’an

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This article is a humble effort which only makes the Qur’anic-hermeneutical argument rather than a purely political attack. A troubling theological debate has once again surfaced within Indian Muslim society: does Islam ask women to observe modesty and dignity in public life—or does it command them to withdraw from public life altogether?

The question has acquired renewed urgency following recent remarks by Kerala-based Sunni cleric Sheikh Kanthapuram A.P. Aboobacker Musliyar, popularly known as Sheikh Abubakr Ahmad and widely referred to as the “Grand Mufti of India”.

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Speaking at a Hubbul Rasool conference in Kochi, the cleric reportedly said that women should remain confined to their homes and should not enter the public sphere. He defended purdah as a means of protecting women’s dignity and compared women to gold ornaments that, in his analogy, must be kept safely inside a box. He further argued that bringing women into the public sphere could lead to “great destruction” and attributed this position to the Qur’an.

Such remarks deserve serious theological scrutiny—not merely because they concern women’s rights, but because they raise a larger question about how scripture is interpreted and transmitted in contemporary Muslim society.

The issue is not whether Islam prescribes modesty. It unquestionably does. The Qur’an calls upon both believing men and believing women to observe modesty, chastity and moral restraint. The issue is whether modesty necessarily means confinement, whether purdah necessarily means social invisibility, and whether the Qur’an actually establishes a universal prohibition against women participating in public life. It does not.

The Qur’an is not a charter for female confinement!

The verse most commonly invoked to justify the confinement of women is Qur’an 33:33:

“And remain in your homes and do not display yourselves as was the display of the former days of ignorance.”

The verse occurs in a specific passage addressing the wives of the holy Prophet (pbuh). Its immediate context concerns the conduct, dignity and special responsibilities of the Prophet’s household. To extract one phrase from this context and transform it into an absolute command that every Muslim woman, in every society and historical circumstance, must remain inside her home is an interpretive decision—not an uncontested Qur’anic fact.

This distinction is fundamental!

The Qur’an repeatedly recognises women as autonomous moral subjects. It addresses believing women directly, assigns them religious responsibilities, grants them rights of inheritance and property, and describes believing men and women as mutual allies in establishing what is right and resisting what is wrong.

Most significantly, the Qur’an says:

“The believing men and believing women are allies of one another. They enjoin what is right and forbid what is wrong.” (9:71)

How can women be described as moral partners in the collective ethical life of the ummah if they are simultaneously understood to be categorically barred from public life?

The answer cannot be obtained by isolating one phrase and ignoring the Qur’an’s wider moral vocabulary.

From modesty to misogyny: where interpretation goes wrong

The second important word in Qur’an 33:33 is tabarruj. It is often translated as displaying oneself or one’s adornments in an ostentatious manner.

Classical exegetes associated tabarruj with conspicuous self-display, affected mannerisms and the public exhibition of beauty or adornment intended to attract sensual attention. In other words, the Qur’anic concern is with ostentatious and sexually provocative display, not with the mere physical presence of women outside their homes.

This distinction is essential!

A woman who goes to a university, teaches in a school, works in a hospital, runs a business, attends a conference, visits a market or participates in civic life does not thereby commit tabarruj.

To equate a woman’s physical presence in public with tabarruj is to expand the Qur’anic concept beyond its moral meaning.

Purdah, likewise, cannot simply be transformed from an ethic of modesty into an architecture of female imprisonment.

What happened to Bibi Khadija (RA)?

There is also a profound historical problem with treating women’s public presence as inherently destructive.

Khadija al-Kubra, the first wife of the Prophet (pbuh) was a successful businesswoman before her marriage to him. Her commercial activity was not presented in Islamic tradition as a moral failure. She was not described as having compromised her dignity merely because she participated in economic life.

The Prophet’s own community included women who transmitted knowledge, engaged in commerce, sought medical treatment, participated in communal affairs and contributed to the social and intellectual life of the Muslim community.

Women were not invisible in Medina!

Nor was the mosque exclusively a male social institution. Women attended the Prophet’s mosque. They listened to his sermons, asked questions, transmitted hadith and participated in the religious life of the community.

The historical record therefore does not support the simplistic proposition that Islam’s ideal woman is one who never enters public space.

The “gold in a box” analogy is particularly revealing!

The analogy comparing women with gold ornaments deserves special attention. A woman is not jewellery.

She is not an object whose value increases because she is locked away from society. She is a human being endowed by God with intellect, conscience, moral responsibility and spiritual agency.

The Qur’an does not describe women as commodities whose social value depends upon physical concealment. Indeed, the Qur’anic account of human dignity begins at a level far deeper than gender:

“Indeed, We have honoured the children of Adam.” (17:70)

The Qur’an speaks of Bani Adam—the children of Adam—not merely men. Human dignity precedes gender.

The “gold in a box” analogy may have been intended to express protection and honour. But theological language must also be judged by the social meaning it produces. When women are repeatedly described as precious objects who must be hidden, protected and controlled, the distinction between protection and possession becomes dangerously blurred.

A woman does not need to be locked away to possess dignity. She needs education, security, freedom from violence, economic rights, social respect and the ability to exercise her God-given moral agency.

Protection cannot become prohibition!

There is a legitimate Islamic concern for women’s safety. Muslim societies, like all societies, must protect women from harassment, exploitation and violence.

If a public space is unsafe because men harass women, the Islamic response cannot reasonably be to imprison women at home. The ethical response should be to discipline those who harass, educate society, strengthen public safety and uphold the dignity of every human being. Otherwise, the victim is effectively punished for the misconduct of the perpetrator.

The Indian Muslim tradition is more complex!

The proposition that Muslim women belong exclusively to the domestic sphere also sits uneasily with India’s own Muslim social history.

Indian Islam has never been a monolithic civilisation of female seclusion. From the courts of Muslim rulers to the intellectual circles of scholars, from women poets and mystics to educators and reformers, Muslim women have participated in India’s cultural and intellectual history in diverse ways.

The subcontinent’s Sufi traditions, in particular, cannot be reduced to a theology of female invisibility. The spiritual vocabulary of Islam speaks of taqwa, ilm, ihsan, adl and karamah—God-consciousness, knowledge, excellence, justice and human dignity. None of these virtues is exclusively male.

The Qur’an itself declares:

“Surely the Muslim men and Muslim women, the believing men and believing women, the devout men and devout women, the truthful men and truthful women…” (33:35)

The verse then proceeds to promise forgiveness and an immense reward to both.

The spiritual subject of Islam is therefore neither exclusively male nor domestically confined.

A dangerous hermeneutical shortcut!

The deeper problem exposed by Sheikh Abubakr Ahmad’s statement is not simply one controversial sermon. It is a recurring hermeneutical tendency within certain strands of Muslim clerical discourse: a social custom is elevated into an immutable divine command, and a particular historical interpretation is presented as though it were the only possible meaning of revelation.

This is precisely where Muslim scholarship needs intellectual courage. The Qur’an must be read holistically.

A verse cannot be separated from its linguistic context, historical context, rhetorical context and the broader ethical trajectory of the Qur’an. Nor should the opinions of medieval or modern exegetes—however respected—be treated as revelation itself.

The Qur’an is divine. Our interpretations of the Qur’an are human. That distinction is indispensable. The Qur’an asks women and men alike to become people of faith, knowledge and righteousness. It does not ask half of humanity to disappear from society.

When clerics tell women that their presence in public spaces will lead to “great destruction”, they are ultimately constructing a theology of fear around the female body. But Islam did not come to make women afraid of their own existence.

The Qur’an came to liberate human beings especially the womenfolk from forms of domination—spiritual, social and moral. The Prophet (pbuh) did not establish a community in which women ceased to exist beyond the threshold of their homes. He established a community in which women were recognised as believers, mothers, daughters, wives, teachers, narrators, benefactors and moral agents.

That historical reality should make contemporary Muslims cautious about transforming one interpretation of one verse into an absolute social doctrine.

The future of Indian Islam does not depend upon keeping Muslim women inside four walls. It depends upon creating a society in which women can walk outside those walls with dignity, modesty, security and equal moral agency.

A regular contributor to New Age Islam, the author is an Indo-Islamic scholar, researcher on Indian Sufism, an author of “Ishq Sufiyana: Untold Stories of Divine Love”

Courtesy: The New Age Islam

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Muslim women will define their own lives & choices: Bebaak Collective responds to Kerala cleric https://sabrangindia.in/muslim-women-will-define-their-own-lives-choices-bebaak-collective-responds-to-kerala-cleric/ Wed, 09 Sep 2026 10:14:39 +0000 https://sabrangindia.in/?p=49226 Islamic history is rich with examples of women’s participation, says a statement issued by Bebaak Collective that also condemns the Kerala Muslim cleric’s controversial statement

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Bebaak Collective, a Mumbai-based collective of advocacy action of Muslim women has strongly condemned what it terms as a “deeply regressive statement” of a senior religious cleric from Kerala, believed to represent the large Indian Muslim Sunni community who recently spoke against the participation of women in public life.

“Muslim women are not objects to be locked away in rooms or told where they can and cannot go. We have agency, autonomy, and every right to participate fully in public life,” said the statement by Bebaak released on social media. “What is especially concerning is that such views are being expressed from a position of religious scholarship. When influential religious figures promote restrictions on women, it can reinforce regressive ideas within the community. But let us be clear: Maulanas and Muftis do not represent all Muslims, nor do they speak for Islam in its entirety.

The Bebaak statement also states, “More importantly, we must recognise how statements like these are used to play dirty politics in the name of Muslim women. When religious figures make regressive statements about Muslim women, our identities and our names are turned into political tools. And as a consequence, we are forced to face discrimination and hostility from other quarters as well.

“Stop doing religious politics in our name. Muslim women are not political pawns. Our lives, our choices, and our identities do not belong to politicians, religious leaders, or anyone else to weaponise.

“Islamic history itself tells a different story. Muslim women have been scholars, teachers, entrepreneurs, traders, and active participants in public life. If women could occupy these spaces centuries ago, why are they being pushed back into the home today?

“Muslim women will not be confined by outdated interpretations of our place in society. We will define our own lives, our own choices, and our own futures.”

It had been widely reported in the media, and also in The Hindu, that Kanthapuram A.P. Aboobacker Musliar, known for many as the Grand Mufti of India, recently issued a “joint-circular” to mahallus in his capacity as general secretary of the Samstha Kerala Jamiyyathul Ulama, asking them “not to exhibit women in front of other men on the streets or stages” during Islamic celebrations. Aboobacker Musliar, known for his proximity to various political formations, has been a leading figure in Kerala’s traditional Sunni Muslim community for more than five decades. The widely publicised diktat was reportedly issued in the context of the Milad festivities. Specifically, the circular courted controversy, following which Kanthapuram said bringing women to public forums would cause serious “chaos” and that Islam prescribed purdah for women to prevent this. These comments had been criticised both by the ruling United Democratic Front (UDF)’s leading party, the Indian National Congress (INC) with Chief Minister V.D. Satheesan and the CPI(M), also a long-term ally of the Mufti. Interestingly, the Indian Union Muslim League (IUML), a component of the ruling UDF has been silent.

Background

The ‘Grand Mufti’ who is at the centre of this controversy that significant influence extending across India and to Muslim communities abroad. Kanthapuram, Ustad in Kerala, is known as Sheikh Abubakr Ahmad in the wider Muslim world. He is the founder of Jamia Markaz at Karanthur near Kozhikode, around which he has built a large religious, educational and social network. At 89, he continues to teach the Hadith collection regarded by Muslims as the most authentic collection of reports on Prophet Muhammad’s teachings and practices.

Kanthapuram’s rise began within the Samastha Kerala Jamiyyathul Ulama, the traditional body of Islamic scholars in Kerala. He was one of its prominent secretaries under Shamsul Ulama E.K. Aboobacker Musliar. In 1989, differences over the influence of the Indian Union Muslim League (IUML) led to a split. Kanthapuram and his followers walked out and formed a separate organisation. The division continues, leaving Keralam’s traditional Sunni community broadly divided between the E.K. and A.P. factions. He built his organisation around Markazu Saquafathi Sunniyya, founded at Karanthur in 1978.

His reach extends well beyond politics. He was also been associated with the Amman Message and A Common Word, international initiatives promoting Islamic unity and Muslim-Christian understanding. His organisation has also reportedly used these networks for humanitarian causes. In 2025, he intervened in the case of Kerala nurse Nimisha Priya, who was facing execution in Yemen, and saved her from the gallows through contacts with influential Yemeni religious figures.

Few religious leaders in the southern state of Kerala have remained so influential for decades. From a scholar in Kozhikode to the chief of an international network, Kanthapuram’s influence extends far beyond Karanthur. To his followers, he is a scholar, teacher and institution-builder; to his critics, a conservative cleric with deep influence over public and political life.

The statement by Bebaak collective may be read here.

Related:

Equal Inheritance Rights for Muslim Women: Upholding Constitutional Justice and Gender Equality

Wars Fought in The Name of Women’s Rights

Muslim women need not move court to register divorce by talaq: Kerala High Court

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Equal Inheritance Rights for Muslim Women: Upholding Constitutional Justice and Gender Equality https://sabrangindia.in/equal-inheritance-rights-for-muslim-women-upholding-constitutional-justice-and-gender-equality/ Wed, 18 Mar 2026 04:03:24 +0000 https://sabrangindia.in/?p=46641 March 17, 2026 Press Statement by Indian Muslims for Secular Democracy (IMSD) Indian Muslims for Secular Democracy (IMSD) wholeheartedly welcomes the recent observations made by the Supreme Court of India during the hearing of a petition filed by Poulomi P. Shukla. Argued by senior advocate Prashant Bhushan, the case seeks to rectify the long-standing disparity […]

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March 17, 2026

Press Statement by Indian Muslims for Secular Democracy (IMSD)

Indian Muslims for Secular Democracy (IMSD) wholeheartedly welcomes the recent observations made by the Supreme Court of India during the hearing of a petition filed by Poulomi P. Shukla. Argued by senior advocate Prashant Bhushan, the case seeks to rectify the long-standing disparity in inheritance rights for Muslim women—a move IMSD views as a vital step toward fulfilling the democratic promise of the Indian Constitution.

The Supreme Court Raises the Question of Gender Justice

A three-judge bench, led by Chief Justice Surya Kant and including Justices Joymalya Bagchi and R. Mahadevan, observed that a Uniform Civil Code (UCC) may be the “most effective answer” to removing gender bias in laws governing marriage, succession, and property rights. This observation came while examining a plea challenging the Muslim Personal Law (Shariat) Application Act, 1937, which the petitioners argue forces unequal inheritance outcomes for women compared to their male counterparts.

A Constitutional Challenge to Discriminatory Laws

Appearing for the petitioner, Adv. Prashant Bhushan argued that the inferior inheritance rights granted to women under the 1937 Act are a direct violation of constitutional guarantees. He emphasized that inheritance is fundamentally a civil and property right; therefore, it cannot be insulated from constitutional scrutiny by invoking religious freedom.

Addressing the Court’s concern that striking down discriminatory portions of the Shariat Act might create a “legal vacuum,” Bhushan proposed a pragmatic and immediate remedy: including Muslim women under the ambit of the Indian Succession Act, 1925. This would provide a robust, existing legal framework to ensure parity without leaving women in a state of legal uncertainty.

Gender Bias: A Problem Beyond One Community

Crucially, the Hon’ble Bench noted that gender discrimination in inheritance is not confined to Muslim personal law alone. The Court observed that inequalities persist within the structure of Hindu Undivided Families (HUFs) and various customary or tribal practices. As highlighted in various reports, inheritance rights remain skewed in Hindu law as well, indicating that the struggle for property rights is a cross-community challenge.

The Constitutional Framework: Equality and Dignity

IMSD believes the core of this petition is rooted in Constitutional Morality. The Constitution of India clearly guarantees:

* Article 14: Equality before the law and equal protection of the laws.

* Article 15: Prohibition of discrimination on grounds including religion and sex.

* Article 21: Protection of life, dignity, and personal liberty.

These guarantees must apply fully to Muslim women as equal citizens. While Islamic jurisprudence recognized women’s property rights over fourteen centuries ago, contemporary patriarchal interpretations and social pressures often compel women to relinquish their rightful shares.

Moving Toward Reform

IMSD reiterates that the debate on the UCC has often been politicized by forces seeking to target minority communities. However, gender justice cannot be postponed indefinitely due to identity politics or communal polarization. True reform must be a collaborative effort involving women’s organizations, legal scholars, and minority voices to ensure it is rooted in justice rather than stigmatization.

The Muslim community leadership must also reflect on its historical resistance to reform. This reluctance has often denied justice to women and strengthened communal narratives.

Conclusion: A Call for Constitutional Justice

IMSD supports the ongoing Supreme Court proceedings and calls for a resolution that guarantees equal inheritance rights for Muslim women across India. We advocate for a solution that addresses gender discrimination in all personal laws, ensuring that women from all communities are treated as equal citizens entitled to dignity and justice under the law.

List of Signatories

* Adv. A. J. Jawad – IMSD, Chennai

* Amir Rizvi – Designer, IMSD, Mumbai

* Arshad Alam – Veteran Journalist, IMSD, Delhi

* Askari Zaidi – IMSD, Mumbai

* Bilal Khan – IMSD, Mumbai

* Feroze Mithiborwala, IMSD Co-Convener, Mumbai

* Guddi S. L. – Hum Bharat Ke Log, Mumbai

* Hasina Khan – Bebaak Collective, Navi Mumbai

* Irfan Engineer – CSSS, Mumbai

* Javed Anand, Convener, IMSD, Mumbai

* Jeibunnisa Reyaz – Bharatiya Muslim Mahila Andolan, BMMA, Madurai

* Khatoon Sheikh – BMMA, Mumbai

* Adv. Lara Jesani – IMSD, Mumbai

* Mariya Salim – BMMA, New Delhi

* Nasreen M – BMMA, Karnataka

* Nasreen Rangoonwala – IMSD, Mumbai

* Nishat Hussain – BMMA, Jaipur

* Niyazmin Daiya – BMMA, Delhi

* Noorjehan Safiya Niyaz – BMMA, Mumbai

* Prof. Nasreen Fazalbhoy – IMSD, Mumbai

* Rahima Khatun – BMMA, Kolkata

* Salim Sabuwala – IMSD, Mumbai

* Prof. Sandeep Pandey – Magsaysay Awardee, Lucknow

* Sandhya Gokhale – Forum Against Oppression of Women, Mumbai

* Shabana Dean – IMSD, Pune

* Shafaq Khan – Theater Personality, IMSD, Mumbai

* Shalini Dhawan – Designer, IMSD, Mumbai

* Shama Zaidi – Scriptwriter, IMSD, Mumbai

* Shamsuddin Tamboli – Muslim Satyashodak Mandal

* Prof. Sujata Gothoskar – Forum Against Oppression of Women, Mumbai

* Sultan Shahin – Editor, New Age Islam, Delhi

* Dr. Sunilam – Farmer Leader, Gwalior

* Dr. Suresh Khairnar – Former President, Rashtriya Sewa Dal, Nagpur

* Yashodhan Paranjpe – IMSD, Social Activist, Mumbai

* Zakia Soman – BMMA, New Delhi

* Zeenat Shaukat Ali – Wisdom Foundation

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Silent Scars: How Muslim widows of hate crimes endure layered, unseen oppression https://sabrangindia.in/silent-scars-how-muslim-widows-of-hate-crimes-endure-layered-unseen-oppression/ Sat, 13 Dec 2025 06:54:18 +0000 https://sabrangindia.in/?p=44983 Ayesha or Samreen, Maharashtra’s Muslim women widows of hate crimes live abandoned by family and society, haunted by questions to which neither state nor society provides healing or answers

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”I had heard that life could change in a single night. Now, I’ve seen it. It wasn’t even a night—just one hour. A man left for prayers and never returned.” Ayesha’s voice was calm yet sharp as she spoke. Her husband, Nurul Hasan, had been killed in the violence at Pusesavali. Over two years have passed since that day. “I couldn’t even grieve his loss properly; so much kept happening,” she said. “Nothing made sense. I was numb.” That numbness is what she remembers most clearly. They had been married for just eight months. She was pregnant. Their days were filled with dreams—of a happy home, prosperity, traveling the world. They planned everything, from how to chase their dreams to what they’d name their child, boy or girl. But all of it stopped in an instant. It ended. After her husband’s death, Ayesha spent four months in iddat, a period of seclusion. Then she gave birth to a girl, Ashnoor, who toddled into their small 10 x 10 room, leaning on the doorframe. Mumbling “bikit” for biscuit. I handed her one from the tea tray in front of me. She smiled sweetly, clung to Ayesha, then immersed herself in eating her biscuit.

Looking at her 18-month-old daughter, Ayesha said, “Nurul wanted a girl, and here she is, but he is not. We were both only children. We didn’t want our child to grow up alone, but now she will. When she was born, so much was happening. No help reached me, but rumours spread that I was living comfortably with money. My in-laws abandoned me. My parents were under strain too. Some even blamed me for Nurul’s death. Then, the worst happened—my milk dried up just a month after Ashnoor’s birth. Breastfeeding stopped completely. The child had already lost her father’s shadow, and now this.” Ashnoor babbled on, pointing at her milk bottle.

Samreen’s daughter, two years old and a few months older than Ashnoor, has seen her father, Aamir. She played with him, teased him, and tired him out. She knows his face well. But she also saw him hanging from a fan, overwhelmed by a strangers’ cruelty. She doesn’t understand what it means. She asks Samreen, “Abbu went to the village. When will he come back?” Samreen pulls her close and pats her. What else can she do? Her wound is still fresh, from May 2025. In Latur’s Maidan Chowk, Aamir was beaten, called a Pakistani. They grabbed his collar, his belt, humiliated him, and recorded it on their phones. The label “Pakistani” shattered him. The next night, after 8 p.m., he took his life. It was a Sunday. Samreen said, “Every night from 8 to 9, I feel restless. Sad. How can I sleep in that room after his death? I stayed with my in-laws for 40 days, never sleeping before 3 a.m. Now, sometimes, I feel nothing at all. No one is truly yours. You carry your pain alone. Sundays used to excite me; now they scare me. Sometimes I think it was all a bad dream, and maybe it’s better that it broke.” Her voice trembles slightly. Her eyes well up. She removes her glasses, wipes her eyes gently, and with a mix of anger and detachment, says, “No one who promised help actually helped. Not even the police. Now I think, will doing anything bring him back? No. So I’m just trying to hold myself together.” For a moment, she stares into space, as if wrestling with herself.

“The situation in Vishalgad and Gajapur has been tense for years,” said Shaheen Mujawar from Vishalgad, her voice tinged with fear. “It gets worse during festivals like Shiv Jayanti and Mahashivratri.” Aggressive sloganeering by some groups creates fear and unease. “Last year, on July 14, 2024, the violence during the so-called Vishalgad anti-encroachment campaign still haunts us. Some slogans were so offensive, it’s hard to repeat them publicly. After that, many children on the fort fell ill. Women went silent. For days, they didn’t know what was happening. Many couldn’t sleep at night. With no jobs now, even salt feels expensive, and the stress on women is immense. That day, just the news of the attack gave one of our relatives a heart attack, and he died on the spot. This year, on July 14, the same fear returned. Sixty percent of the people on the fort left voluntarily. No one wants to die bit by bit,” Shaheen said, her words vivid, as if reliving it all.

In India, a country rich with diversity, communal tensions between religious groups sometimes turn violent. In recent years, openly provocative speeches against Muslims have increased. Muslim men are targeted, attacked, and killed in the name of cow protection. Social media is used to stir public anger, and Muslim men’s lives are taken coldly. Taking a life has become as casual as throwing mud online. But the wounds from these mob attacks aren’t just physical. They deeply affect the families left behind, especially women. Ayesha and Samreen, both in their thirties, lost their husbands to hate-filled attacks. Women like Shaheen have faced the terror of violent mobs and death. These events leave lasting scars on women’s minds. Social stigma, institutional failures, and financial strain add to their burdens. These factors undoubtedly impact their mental state. This report tries to understand how.

Ayesha Shikalgar’s Story: The Pain That Can’t Be Explained

I never imagined that Hindu-Muslim hatred could reach a small village like Pusesavali. Nurul Hasan was the president of the village’s Ganpati committee. Most of his friends were Hindus. Sometimes, during my pregnancy, I’d crave something sweet at night. Nurul’s friend owned a shop, and he’d open it after hours just for me. That’s how close their friendship was. But the same people he celebrated Ganeshotsav with, the ones he called friends, are now his accused killers, Ayesha says, her voice trembling with anger. She asks some hard questions: “No matter what happened, what did anyone gain by taking an innocent life? These people who chant Shivaji Maharaj’s name—what will they tell him? They didn’t just take a life; they destroyed my entire family!” Her voice rises slightly. “Would Shivaji Maharaj approve of such killers? There’s no reason to oppose anyone’s faith, but shouldn’t devotion bring joy to others? Two minutes of rage changed my life’s struggles and sorrows. At 8 p.m., he was with me, our private life just beginning. By morning, my life, my world, became public—caught in the media’s hands. But there was no space left to express what was in my heart. I couldn’t even grieve Nurul’s death properly. The pain of losing a person, that agony, I can’t put into words. It’s a strain I still feel, and now, whenever I see a saffron flag, my heart skips a beat.” A faint tension lingers on her face, framed by her headscarf.

Nurul Hasan, 31, was one of the educated Muslim youths in Pusesavali. In a village of 1,300 families, less than 10% are Muslim. Most run small businesses—grocery stores, mobile shops, or auto parts stores. Nurul was a civil engineer, taking on construction contracts and renting out his JCB machine. He was the sole breadwinner for his parents, their only child. He and Ayesha were married in November 2022. On September 10, 2023, Hindu nationalist groups from Pusesavali and nearby villages started violence, claiming a Muslim youth’s social media post had hurt religious sentiments. They attacked Muslim homes, shops, and mosques. The youth who posted wasn’t even in the village that day. Police later found his phone was hacked, and no evidence was found against him. But by then, the mob’s attack had changed Ayesha’s life. She was five months pregnant at the time. Just the day before, they’d gone for her sonography. Nurul had wanted a girl and had chosen the name Ashnoor, blending their names together.

After her husband’s death, Ayesha faced what many Indian widows do. She was blamed for Nurul’s death. Her in-laws said she was responsible because Nurul was praying on time while living with her. They claimed his going for namaz led to his death. Their words were a huge blow to her. Ayesha, a lawyer by profession, says, “It wasn’t even four days after his death, and they started saying such things. It broke my heart. I started facing mental distress.” The government and some Muslim groups collected aid for her, but none reached her. “I was in iddat, the four-month seclusion Muslim widows observe. I heard people were helping, but nothing came to me. I thought maybe my in-laws got it. Then rumours spread that Nurul was in debt and the money went to clear it. I had to publicly clarify he had no debts. I didn’t want aid, but I wanted the rumours to stop. My in-laws even said I took the money. That led to family disputes. They turned away from me. When I gave birth, they didn’t even come to see their only granddaughter. When I went to their house, they’d left for my mother-in-law’s village for good. They cut me off completely, as if their son’s death made me a stranger. I was fighting society’s rumours the one hand and my own family on the other. It was so stressful.”

Around that time, the stress took a toll on her father. He had a heart attack, his diabetes worsened, and gangrene forced doctors to amputate part of his leg. “No one was there to help. Even my own family turned away. The women’s WhatsApp group in Pusesavali removed me. They mocked me as a ‘gold digger.’ We didn’t even have money for my father’s treatment. People thought we were rich. Some even said I was living lavishly off my husband’s death money,” Ayesha says with a bitter laugh. There’s no anger on her face, just disappointment. She continues calmly, “When I needed society’s support the most, they abandoned me. They excluded me from family functions. They attacked my character. That defamation broke me. My mental health deteriorated. I started getting dizzy. I lost track of what was happening around me. My daughter needed her mother’s milk, but the stress dried it up within a month. It was such an injustice to her. My weight shot past 100 kilos. I developed thyroid issues, diabetes, and high blood pressure. We didn’t even have money for food. My father has some farmland, but no other income. People kept saying I had so much money—well, I’m still waiting for it. Maybe someone’s words will come true,” she says, laughing at her situation. It’s clear Ayesha has found the strength to smile despite her circumstances.

Even two years later, in August 2025, when we met, the financial struggle persists. Her father was hospitalised again. To manage the back-and-forth between hospital and home, her family moved to her uncle’s place in Miraj. Her father’s sugar levels were high, and his mental health had deteriorated too. Ayesha is trying to cope. She wonders if Nurul were alive, would she have to live this nomadic life. She’s also frustrated that she hasn’t gotten enough information about her husband’s case. She had to use her contacts to even get the charge sheet.

As she tries to move forward, Ayesha faces more challenges. “If I’m happy, people say I’m enjoying life after my husband’s death because I got money. If I’m sad, they say it is only because I didn’t get my in-laws’ property. If I focus on my daughter, they say I’m not interested in my husband’s case. People talk from all sides, and I don’t have the strength to explain myself anymore. I feel so alone. I can’t even work right now. My daughter is 18 months old. She’d be alone too. I worry about her. I don’t want her to grow up hating Hindus. I don’t want her to waste her energy on hate. That’s why I’ve started preparing for the JMFC exam. The environment around Ayesha is always tense and negative. I tried to find a house in Karad or Sangli, leaving my village, Rajachi Kurle. But as soon as people hear I’m from Pusesavali or Nurul Hasan’s widow, they say no. Being Muslim and a single mother doesn’t help. I’ve been looking for a house for four months. How do I describe the pain of rejection? Some say no one rents to Muslims after the Pahalgam attack. But my husband was killed here—how dare anyone say that? These experiences have broken me. People often say if Nurul hadn’t gone to confront those people, he wouldn’t have died. So, the attackers, the violent ones, aren’t at fault, but he is to be blamed for taking to task his so-called friends? It’s such an easy blame game. Nurul was a great friend, a great partner. He helped with my work and took care of me. I lost such a person. That pain will always stay. But let me tell you…”

Ayesha takes a deep breath and says, “I’m tired of being seen as a victim or a gold digger. Pusesavali’s incident and the label of Nurul’s widow have stamped my life. I want to change that image. I may fail as a wife, but I won’t fail as a mother. People keep looking at me through that same lens. When I try to move forward, they tie that image to my feet like a burden. It causes me so much mental pain.”

Samreen Pathan: Holding on Through Loneliness

Samreen and Aamir had been married for three years. They have a two-year-old daughter. Samreen works as an assistant manager at a bank, while Aamir was a relationship officer at a telecom company. Both were from Latur, and both had jobs there. But eight or ten months ago, Samreen got a job at a different bank’s branch in Dharashiv. Aamir, not wanting her career to stall, didn’t care about his own job and moved to Dharashiv with her. Once Samreen settled into her routine there, he returned to Latur for work, taking their daughter along. Samreen wasn’t used to living alone, having grown up in a big family. So, she’d come to Latur every weekend, spend two days with them, and return to work. Samreen says, “I’d wake up early, go to the office, meet clients, and spend weekends together. That was our routine. For years, we heard about the growing Hindu-Muslim tension and hatred in society, but it never touched our lives. Aamir’s closest friends were Hindus. At my office, we all worked together harmoniously. No big fights, no complaints, nothing. Everything was peaceful, simple, friendly. But now, something feels different. This incident shocked us. We were happy in our own world. Why us?” she asks, her voice heavy with pain, before falling silent for a moment. Even meeting her in Dharashiv wasn’t easy—she wasn’t eager to talk. It’s understandable. Reliving those memories, retelling her story, is exhausting. The police’s mishandling of her complaint only adds to her distress. When we met at her bank’s premises, Samreen, barely looking thirty, wore simple clothes and glasses. She buries her grief in work, pulling herself forward for the next day.

Since Aamir’s suicide, sleep has been hard for Samreen. The incident left him deeply traumatized, and his suicide is clear proof of that. Samreen recalls, “That day, I was nearing Latur and called him to pick me up. The bus stops at Maidan Chowk, where I was getting off. He’d reached the chowk on his scooter, crossing the road. A local journalist was driving by. Aamir signalled to him, ‘Wait two minutes, let me cross.’ But that hurt the journalist’s ego.” Samreen starts recounting that day’s conversation. The shouting, the voices, still create a fearful tension in her mind. It was a regular Saturday, a routine return to her hometown to see her family and daughter, to recharge and go back to work. A predictable, peaceful routine. But that evening was different. Samreen continues, “The journalist got out of his car, parked it in the middle of the road, and started beating my husband. He asked, ‘What’s your name?’ Aamir said, ‘Aamir Pathan.’ The journalist sneered, ‘What, you think you’re some big Aamir? You’re a Pakistani, a Kashmiri, unfit to live in this country.’ Then he kept hitting him, yanked his pants, took photos, and recorded videos. ‘I’m a journalist,’ he said. ‘This will be in the papers.’ I was on the phone, hearing it all. I asked who he was talking to. I could hear Aamir’s voice, shouting, ‘What did I do wrong? Why are you hitting me?’” The incident happened on May 4, 2025 and was reported a few days later.

The incident left Aamir under immense stress. He was terrified the journalist would call him a terrorist or worse in the next day’s paper. He wanted to file a police complaint but lacked the courage. He called friends for help, telling them what happened. No one responded positively. They told him not to make a big deal, to let it go, or they’d see about it later. The beating had already scared him, but the fact that a stranger could threaten and humiliate him, and his close friends didn’t care, hurt him deeply. The journalist had yanked his pants so hard it caused physical discomfort. Aamir kept telling Samreen about it. She says, “Until 2 a.m., he was on his phone, searching for information about the journalist. At 6 a.m., he checked the papers, worried something was printed against him, calling him a Pakistani. He was so scared. The stress lasted till afternoon. His scooter was damaged, so he got it fixed. We were supposed to attend a reception that evening. He said, ‘Go ahead, I’ll rest and join you.’ When we got there, his phone wasn’t reachable. My mother-in-law, sister-in-law, and I returned home, only to find he’d taken his life.” Samreen, trying to stay strong, has tears in her eyes. She complains the police delayed action. The journalist was influential, connected to politicians, so they wouldn’t take her complaint. The next day, they went to the station at 9 a.m., but the police kept them waiting until 6 p.m., asking for CCTV footage and more. Samreen says, “The police said they’d register a suicide case but wouldn’t mention ‘Pakistani’ or ‘Kashmiri.’ We gave them the car’s number, but they refused to name the journalist in the complaint. We didn’t even know who he was at first. It feels like the police helped him escape by delaying. It affected me deeply. At first, it was unbearable. Now, I feel nothing. Everything’s numb. People come, ask questions, gather information, but no one truly helps. I have no expectations anymore, especially from the police. They suppressed everything. Some even accused us, saying we had political connections and were framing the journalist. The thief calling us liars! We lost our loved one, and we’re the ones filing a complaint?” Her anger peaks as she speaks, her frustration clear in every word. Recalling it chokes her up. She steadies herself and continues, “If I keep thinking about this, how willI run my home? I bury myself in work. Otherwise, I’d have collapsed completely. Evenings make me restless, especially between 8 and 9 p.m. Sundays feel unbearable now. I feel so alone. But I hold on for my daughter.”

Samreen now lives alone with her daughter in Dharashiv. Her mother helps care for the child, but Samreen expects nothing from anyone. “There’s no one to share your pain with. Sometimes, I wish it never happened, like waking from a bad dream to a normal day. Aamir was so good. He’d say, ‘Do what you want, I’m with you,’ and he proved it. Now, there’s only loneliness.”

Ayesha and Samreen, both in their thirties, were busy weaving dreams of family, children, a new life, and stability. They had little sense of the hatred and violence beyond their safe world. Even if such things existed, they felt far away. They lived in a space of harmony, believing no harm could touch them.

What to serve for dinner to men returning from work?

Vishalgad-Gajapur, in Kolhapur’s Shahuwadi taluka, is a cluster gram panchayat. It includes the fort’s village, Gajapur’s Muslimwadi, Vanipeth, Sainath Peth, Baudhwadi, Kembhurnewadi, Bhattali, and small hamlets stretching to Pavan Khindi. The road from Pandhrepani to Gajapur winds through dense forests, with the Kasari dam’s water on one side. The area is breezy year-round but remote, with poor phone connectivity. Naturally, job opportunities are scarce. The main sources of income are tourism and visitors to the local dargah. But violence causes more than just human loss—it devastates livelihoods. The tourism that sustained these remote hamlets has collapsed, and rumours about safety have spread. When the economic balance crumbles, the burden falls on women. Whether a man earns enough or not, feeding the family is a woman’s responsibility, and the stress of figuring out what to cook weighs heavily on them. Shaheen Mujawar explains, “There’s never been tension among locals in Vishalgad’s villages. Even now, communities support each other. But for the last two or three years, the atmosphere has been deliberately poisoned. There’s a court case about encroachments on Vishalgad, yet mobs from outside came and disrupted everything. Worst of all, jobs have vanished. Families have left these hamlets for work elsewhere, facing burdens from rent to household expenses. Children’s schools have been disrupted or changed. Income and expenses don’t align, making it hard for women to run households. People literally don’t have money for salt. If the gas runs out, they wonder who to turn to. Men face work stress, so women can’t tell them about grocery shortages. Every day, they wake up wondering what to cook. By evening, they hope their man comes home, but they dread him asking for food because they don’t know what to offer. Many of us aren’t used to working outside, and some families don’t allow it. If we’re not safe at home, how can we face harassment outside as Muslims?”

A fact-finding report by Salokha Sampark Gat, the Centre for Study of Society and Secularism, and Women’s Struggle for Peace details the violence in Vishalgad and Gajapur on July 14, 2024. It describes the physical, mental, and economic toll, with chilling accounts from Muslimwadi’s women. That day, most men were away for work, leaving elderly people, women, and children behind. The report notes: “Women in Muslimwadi faced terror all day. A mob armed with knives and hammers stormed in. As they pounded on doors, women barricaded them with sofas, chairs, and beds to keep them out. To stop children from crying, women stuffed cloth in their mouths to keep them quiet. Attackers broke doors, entered homes, and smashed everything—TVs, fridges, mixers, beds, chairs, mattresses. They left nothing intact. Scooters and vehicles were smashed with stones and hammers. Six scooters outside one house were piled up and burned. Fifteen to twenty men invaded each home, breaking windows, tearing roofs, burning clothes. Kitchen supplies—grain, flour, food—were thrown out. The entire settlement was destroyed. Women watched their life’s work turn to dust in moments. Attackers asked women their names, insulting those with Muslim names. One woman gave a Hindu name, but when they demanded her Aadhaar card and she didn’t have it, she locked herself inside. They broke the door, entered, and beat her. Reshma Prabhulkar, who runs a small bangle and clothing shop next to her house, didn’t open her door. The mob broke into her shop, detonated her cooking gas cylinder, and set her home’s contents ablaze.” Even without deaths, such incidents push women into a shell, layering pressure on them—worrying about their men’s safety, then their own. Women who’ve fought for freedom retreat, prioritizing others over themselves. This can lead to clinging to religious norms or societal pressures, starting a cycle of isolation, suppression, and disconnection from society, harming their mental health.

Rehana Mursal from Shantisathi Mahila Sangharsh Manch (Women’s Struggle for Peace) shared a haunting observation: “Visiting homes in Gajapur and Vishalgad, I saw children clutching their mothers’ saree ends and stuffing them in their mouths. When I asked why, the women said that during the attack, as men were beaten outside, children hiding with their mothers understood what was happening. Terrified and trembling, they wanted to scream. To keep their hiding spots secret, mothers stuffed saree or scarf ends in their children’s mouths to silence them. The kids struggled to breathe, but the cloth stayed until the chaos subsided. Now, scared children do this themselves when strangers come, stuffing their mothers’ sarees in their mouths. What kind of present and future are we giving these kids? How do we erase this trauma?”

Talking to Ayesha, Samreen, and the women of Vishalgad-Gajapur, one thing stood out: Islamophobia and patriarchy leave Muslim women isolated. Ayesha and Samreen both lost their in-laws’ support—treated as irrelevant once their husbands died. Their Muslim identity made filing complaints difficult, and they were kept away from their cases. They’ve had to take on family responsibilities, including jobs, while raising children alone. Financial strain suffocates them. Women wearing hijabs or burqas face barriers in education and jobs. Such incidents create fear, stopping bold girls from stepping out. Muslim vendors face boycotts, crippling their businesses. Finding homes is tough, with Muslims facing discrimination. Workers endure unequal treatment. Amid these social injustices, mental health is side-lined. The fear, loneliness, and constant vigilance Muslim women face are deep scars of communalism, yet these emotional wounds are rarely discussed.

From Social Othering to Social Suffering

These incidents may seem rare, sparking debates about why discuss them. But in recent years, Muslims, especially men, have been systematically targeted. Hate speeches, calls to displace Muslims, cow vigilantism, and mob killings are rising, as shown in the 2024 India Hate Lab and Hate Crime Report: Mapping First Year of Modi’s Third Government. These reports highlight how anti-Muslim hatred is growing organised, political, and normalised. India Hate Lab recorded 1,165 hate speech incidents in 2024, with 1,050 targeting Muslims, occurring in political rallies, religious processions, and election campaigns. Of these, 266 involved BJP leaders. Terms like “love jihad,” “land jihad,” and “vote jihad” were joined by new ones like “mazar jihad,” “UPSC jihad,” “fertilizer jihad,” and “rail jihad,” spreading false narratives to fuel hatred. Uttar Pradesh saw the most incidents (242, up 132% from last year), followed by Maharashtra with 210 hate speech cases, a 78% rise from 118 in 2023. Of Maharashtra’s cases, 195 targeted Muslims, 14 targeted both Muslims and Christians, and one was anti-Christian. May’s Lok Sabha elections and November’s assembly elections saw peaks, with 32 incidents in May alone. Political leaders and Hindu nationalist groups used these periods to inflame religious sentiments. From August to November, 90 incidents were recorded.

The Hate Crime Report notes 947 hate crimes from June 2024 to June 2025, including 602 violent incidents. In 173 mob attacks, 25 Muslim men died. Bihar, Uttar Pradesh, Madhya Pradesh, and Maharashtra were particularly sensitive. Maharashtra saw 101 hate speeches, with 178 by BJP-linked leaders, including the Prime Minister, Chief Ministers, MPs, and others. Of 947 hate crimes, only 81 (13%) led to FIRs, and no political leaders faced action. These are just recorded cases—unreported ones are unknown. The data shows hate is being normalized, a worrying trend.

Mental health discussions for families affected by riots, violence, and hate speech often focus on post-traumatic stress disorder (PTSD), noting symptoms like depression, insomnia, or lack of focus. But the broader societal impact is ignored. The “social othering” from religious divides and its mental toll are overlooked. Mental health can’t be separated from daily life’s small and big struggles. Bebaak Collective’s report, Social Suffering in a World without Support: Report on Mental Health of Indian Muslims, highlights this. Researcher and founder Hasina Khan says, “Studying religious and social hatred, we realized Indian Muslims’ mental health reflects political oppression and societal hate. Talking to victims of hate crimes and riots, we saw that discussing emotions, habits, and relationships reveals how communalism changes Muslim lives. Mental health studies can’t stop at PTSD or depression. Violence affects daily life, so we must understand its impact on future aspirations, financial security, and health. Muslim mental health isn’t just about communalism—it underscores everyday exclusion. Some faced physical effects: one family member had a heart attack, another victim’s mother lost her sanity. Women’s mobility is restricted, they grow isolated, neighbors drift away, friends from their own and other communities shrink back. Youth face future anxiety, leading to depression. Activists feel fear and despair, grappling with helplessness and stress. Constant vigilance in public spaces harms mental health, yet it’s rarely discussed.” Mental health expert Shamima Asgar adds, “Clinical mental health approaches are individual-focused, addressing personal pain and trauma but not the root causes of violence. Instead, the focus is on coping with its effects, implying the violence will persist, and you must adapt.” In short, addressing the problem requires tackling its roots, viewing Muslim mental health as social suffering.

Hasina’s point is key: religiously motivated violence and inflammatory speeches are politically driven, a tool of oppression. When such attacks come from institutions, who takes responsibility? The institutions themselves should, as Muslims are citizens under their care. Preventing injustices, mob deaths, and attacks is their duty, as is supporting victims afterward. Otherwise, how will affected families and women stand again? Trauma needs support. Women whose lives are upended by religious hatred need space to express their pain freely and a chance to move forward. Samreen sees her busy life as healing. Mental health taboos often stop women from seeking counselling or therapy, so it should be offered at a government level. Ayesha was encouraged by Satara’s rural police superintendent to try therapy. She says, “I had no idea about counselling or therapy. I thought I was strong. The way I handled things, spoke, and acted made me think I was fine. But therapy showed me I was bottling up my pain. I didn’t even know how much I’d suppressed. I had headaches, irritability, and despair. Sometimes, I felt nothing, like I was numb. The world talked about my tragedy, but I seemed strong on the outside. Therapy taught me I hadn’t moved past the shock. It helped me accept it slowly. Five or six months later, I cried openly for the first time. My heart felt lighter. I realized I needed to think about what’s next, how to live. The stress is temporary. What’s permanent? My daughter. She’s, my anchor.” Ayesha got help, but not from the government.

Improving mental health requires concrete steps at social, political, and legal levels. Rehana Mursal and Hasina Khan suggest permanent peace committees and administrative systems in every district to prevent violence and promote unity. Civil groups should monitor justice systems, support victims, and pressure authorities to act against perpetrators. The National Human Rights Commission (NHRC) and Minority Commission (NCM) should investigate alongside police to ensure justice. State governments should compensate victims of hate crimes. Local groups, women’s collectives, and organizations should offer emotional support and safe spaces. Counselling and trauma care should be available in Muslim-majority areas. Health workers need training to handle hate crime victims sensitively. Mental health experts should study the impact of class, caste, and religion on health, and mental health laws must be actively enforced.

Reflecting on Hasina’s words, we can’t ignore changes in emotions, behaviour, and relationships. How do we fix or undo them? When Samreen’s daughter asks when her father will return, what can she say? “We had our routine,” she said, hinting at the joy it brought. Yet, when she called her mother-in-law to stay with her, their avoidance hurt her. How do you compensate for the time needed to process this? Still, Samreen says, “I’ve accepted he’s not coming back. I live for my daughter.” Ayesha echoed this: “Even after marriage, I wasn’t very mature. I was a silly, carefree girl, always laughing, lost in dreams. Nurul let me be that way. Then this mountain of tragedy hit. It made me serious, wiped out my carefree nature. I struggled to accept that change, but now I have. My daughter matters most.” Should we call it good or bad that the daughters these mothers strive for are shielded from reality? Just then, Ashnoor grabbed Ayesha’s phone, pointing at her father’s photo, calling him “Abbu.” She recognizes him, but what will she think when she learns why he’s gone? Unknowingly, the system has made her part of this social suffering. What should she and other children like her do with this pain? In a society where religion overshadows humanity, it feels like we’re all casting shadows of hate. If we can, let’s pull our hands back.

(The author is a Pune-based freelance journalist and writer, focused on women’s and minority issues.)


Related:

CJP complains to Maharashtra DGP, Jalgaon SP over police role in Shiv Pratisthan rally amid Suleman Pathan lynching probe

Muslims, victims of targeted violence in Pusesavali, Satara: Fact-finding report

Pay compensation to Nurul Hasan Shikalgar’s family, order independent judicial inquiry: Satara Citizens to Maharashtra Govt

Why no action against hate monger, BJP leader, Vikram Pawaskar asks Bombay HC

Activists highlight decimated situation of Muslim houses, shops in Gajapur, Kolhapur post violence, deem authorities to be guilty of negligence

Violence, vandalism and arson in Kolhapur, Muslim houses and mosque targeted by mob that had gathered on the call of former RS MP Sambhaji Raje Chhatrapati

CJP flags 8 incidents of hate crime including lynchings to National Commission for Minorities

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CJP-Led Legal Victory: Bengali-speaking Muslim woman with limited mobility declared Indian https://sabrangindia.in/cjp-led-legal-victory-bengali-speaking-muslim-woman-with-limited-mobility-declared-indian/ Thu, 31 Jul 2025 11:39:49 +0000 https://sabrangindia.in/?p=43029 Accused as a foreigner in a 2002 case but served notice only in 2022, Banasha Bibi is vindicated after CJP exposes false investigation and proves lifelong Indian identity

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In a landmark victory for Citizens for Justice and Peace (CJP), 56-year-old Banasha Bibi, a Bengali-speaking Muslim woman from Assam’s Bongaigaon district, was officially declared an Indian citizen by the Foreigners’ Tribunal No. 1, Bongaigaon on June 25, 2025. This decision comes after a 22-year-old illegal foreigners’ case, filed in 2002, was finally heard following CJP’s intervention in 2023.

For Banasha Bibi, a paralysis patient who has lived her entire life in Assam, the declaration is more than a legal win. It is a validation of identity long denied and a hard-won end to state-inflicted trauma that began when a notice suddenly arrived accusing her of being a Bangladeshi.


Banasha Bibi along with her husband, outside their home

The Case: A forgotten reference resurfaces

Banasha Bibi was born in 1968 in Barbakhara village, Manikpur police station, Bongaigaon district, to Batalu Sardar (also known as Batasu Sardar) and Ajufa Khatun. She married Rafijal Ali in 1980 and has resided in Assam her entire life, raising thirteen children. Despite possessing valid Indian documents across decades, Banasha Bibi was suddenly served a notice in 2022, twenty years after a reference was made in 2002 (Ref. No. IM(D)T/Case No. 761/2002), accusing her of being an illegal migrant from Bangladesh.

For twenty years, Banasha was unaware that her citizenship had been challenged. The tribunal admitted that the delay itself raised serious concerns, and that the investigation violated basic legal norms. Despite this, she was forced to prove her citizenship—an overwhelming task for someone with no legal training, limited mobility, and minimal resources. That’s when CJP stepped in with full legal, paralegal, and logistical support.

A deeply flawed investigation

CJP’s legal team, led by Advocate Dewan Abdur Rahim, junior advocate Sahidur Rahman, and state in-charge Nanda Ghosh, methodically dismantled the case against Banasha by submitting robust documentation and witness testimony to the Tribunal. The CJP legal team exposed the severe procedural violations and falsehoods underpinning the reference against her:

  • No investigation was conducted: The Investigating Officer (I.O.) submitted a fabricated report. He never visited her home, never issued a notice, and never examined any witnesses. Statements supposedly recorded from Banasha Bibi and others were concocted without interaction.
  • No documentary evidence seized: The I.O. failed to seize or produce any document—passport, identification, or otherwise—to substantiate the claim that Banasha Bibi was a foreigner.
  • No proof of foreign origin: The inquiry report lacked the name or address of any foreign country, and did not trace any alleged cross-border movement.
  • Violation of legal procedure: There was no compliance with the procedure mandated under the Foreigners Act or principles of natural justice. Crucially, the notice reached Banasha only in 2022—20 years after the case was registered, making the very reference barred by limitation.
CJP’s Assam Team with Banasha Bibi outside her home

CJP’s Legal Defence: Documents, testimony, and due process

CJP provided comprehensive legal and paralegal support, filing affidavits, marshalling evidence, and presenting multiple witnesses. CJP placed on record a comprehensive set of documents that proved Banasha Bibi’s deep roots in Assam, including:

  • Voter lists:
    • Her father, Batalu Sardar, appeared in the 1959, 1966, and 1970 rolls—long before the March 25, 1971 cut-off.
    • Banasha herself was listed as a voter in 1989, 1993, 1997, 2006, 2010, 2019, and 2022.
  • Identity documents:
    • Elector Photo Identity Card (EPIC) 
    • Aadhaar Card 
    • PAN Card
    • Ration Card
    • One from Secretary, Nowapara Gaon Panchayat, affirming her identity and parentage.
    • A second confirming her marriage to Rafijal Ali and her family lineage from the same locality.
  • Gaon panchayat certificates:
    • One from Secretary, Nowapara Gaon Panchayat, affirming her identity and parentage.
    • A second confirming her marriage to Rafijal Ali and her family lineage from the same locality.

Oral Testimony:

  • DW-2 (GP Secretary Mrinendra Sarma) authenticated the certificates issued from GP records.
  • DW-3 (Rajab Ali) testified as her brother, identifying Batalu Sardar as their father and confirming their shared familial history.
  • DW-4 (Sahalam Ali), a neighbour, corroborated that Banasha was born and raised in Barbakhara.

These testimonies met the standard under Section 50 of the Indian Evidence Act, proving her parentage and longstanding community recognition.

The Tribunal’s Verdict: Citizenship proven beyond doubt

In his reasoned order, Tribunal Member Dulal Saha accepted the documentary and oral evidence, affirming that Banasha Bibi was born in Assam, had lived there continuously, and had cast votes for decades. On July 25, 2025, CJP’s Assam team formally handed over the tribunal’s certified order to Banasha Bibi’s family at Barbakhara. Her family expressed deep gratitude to CJP for their unwavering support in the face of state negligence and intimidation.

Banasha Bibi’s acquittal is a personal victory, a legal triumph, and a moral indictment of Assam’s discriminatory foreigner detection regime. Her case underscores how citizenship trials have become tools of marginalisation, not justice. 

It also reveals the essential role of civil society organisations like CJP in safeguarding constitutional rights when the state fails its own people.

Banasha’s courage, despite her health condition, and CJP’s tireless advocacy have restored one woman’s legal identity—but thousands remain entangled in similar, unjust proceedings. As Assam continues to witness arbitrary detentions and foreigner references, the case of Banasha Bibi stands as both a victory and a warning: the Constitutional promise of equality and due process must not be hollowed out by bureaucratic callousness or prejudice.

The order may be read here.

 

Related:

“She Can’t Just Disappear”: Gauhati High Court told as state fails to produce handover certificate in Doyjan Bibi “pushback” case

Gauhati High Court seeks Centre’s May 2025 deportation notification as legality of re-detention of Abdul Shiekh and Majibur Rehman is scrutinised

Confusion over identity clouds ‘pushback case’ of Doyjan Bibi, Gauhati High Court directs state to verify true identity and whereabouts

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Extremists assaulted Muslim woman; hijab stripped of in broad daylight in Bengaluru and Muzaffarnagar https://sabrangindia.in/extremists-assaulted-muslim-woman-hijab-stripped-of-in-broad-daylight-in-bengaluru-and-muzaffarnagar/ Mon, 21 Apr 2025 05:45:46 +0000 https://sabrangindia.in/?p=41272 Two shocking incidents of moral policing and harassment involving members of the Muslim community emerged this week. In Muzaffarnagar, a Muslim woman was assaulted and forcibly stripped of her hijab, while in Bengaluru, a young woman was harassed for being in an interfaith relationship with a Hindu man. Both incidents, captured on video, highlight a disturbing rise in intolerance and moral policing, particularly targeting interfaith relationships

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A 20-year-old Muslim woman was allegedly assaulted and stripped of her hijab by a group of Men belongs to Muslim community, while the Hindu man accompanying her was also beaten, in a disturbing incident that unfolded in Uttar Pradesh’s Muzaffarnagar on Saturday, April 12. The attack, caught on video, went viral across social media, prompting nationwide outrage.

In the video, a man is seen forcibly pulling off the woman’s hijab as others shout abuses, harass, and physically attack both her and the man she was with. The incident occurred in the Khalapar area while the duo—riding a bike—were returning from Sujroo village after collecting a loan EMI on behalf of Utkarsh Small Finance Bank. The woman, according to her police complaint, stated she had been accompanying one of her mother’s colleagues on official duty when they were suddenly stopped and assaulted.

 

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“A group of 8-10 men started verbally abusing me and also physically assaulted me and the man who was accompanying me. The accused also pulled my burqa and clothes as I struggled to save myself. They also recorded a video of the attack and threatened to make the incident viral,” she told the Times of India.

Muzaffarnagar City DSP Raju Kumar confirmed the sequence of events. He stated that “the incident occurred between approximately 4 and 4:30 pm. A Hindu man from Bhavan area and a Muslim woman from Khalapar, both associated with Utkarsh Small Finance Bank, were returning from Sujroo after collecting a loan installment. They were stopped and assaulted by some locals in Darzi Wali Gali. Six accused have been arrested so far. We have also taken cognizance of the video. Further arrests will be made as more people are identified from the video. Strict legal action will follow” reported the Times of India.

The police identified the accused as Sartaj, Shadab, Mohammad Umar, Arsh, Shoaib and Shami, all residents of Muzzaffarnagar, as per a report in the Indian Express.

An FIR was registered on April 12, under Sections 115(2) (voluntarily causing hurt), 352 (intentional insult with intent to provoke a breach of public peace), 191(2) (rioting), and 74 (assault with intent to outrage the modesty of a woman) of the Bharatiya Nyaya Sanhita (BNS) against unidentified men (later identified by the police).

Following the arrests, visuals emerged from the police station showing the accused men limping as they were escorted by officers. Several users on social media, however, alleged the limping appeared “staged,” raising further questions about the handling of the case.

Bengaluru Park harassment: ‘Remove Your Burqa,’ Man yells at Muslim girl with Hindu boy

In another deeply troubling incident—this time in Bengaluru—a Muslim girl and a Hindu boy were harassed in a public park by a man outraged by their interfaith relationship. The man demanded the girl remove her hijab and filmed the couple, subjecting them to public humiliation. The video, once circulated online, triggered public alarm and prompted the police to intervene.

The footage, now widely shared, shows the couple being confronted by the man, who points out their religious identities and insists the girl take off her hijab. As the girl and boy repeatedly plead with him to let them go, he continues his tirade, ignoring their distress.

“Remove your burqa,” the man is heard shouting. He harasses the couple persistently, referring to the hijab as “Muslim attire” and demanding the girl reveal her name. He also confronts the boy, questioning how he could date a Muslim girl.

In the video—believed to be the second such moral policing case in the city in a week—the man continues to record them and threatens further confrontation.

“Community members are coming, stay here,” he tells the girl, implying the imminent arrival of others to escalate the situation. Despite her repeated pleas for him to stop, the harassment continues. The exact time and location of the incident remain unverified. The video was posted on platform X and tagged to the Bengaluru Police Commissioner. Authorities say they are investigating and have requested the individual who uploaded the video to provide more details to aid legal action.

In another portion of the video, the man berates the girl using religious arguments, questioning her behaviour and demanding she stop wearing her burqa in public when meeting someone from another faith.

The unidentified Men asks, repeatedly pressuring her to remove her hijab while saying that hijab belongs to our community and scolding her for going on dates in “Muslim attire.” As the boy attempts to make a phone call, the man warns him that his associates are on their way to “teach them a lesson.” When the couple tries to walk away, he blocks their path again, reiterating that others will soon arrive.

In response to the viral clip, the police have officially acknowledged the incident and are working to gather more information to ensure legal proceedings against the perpetrator.

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Destroying the basic standards of legislation- the Uttarakhand Model of UCC

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Ex-Muslims observe ‘No Hijab Day’ https://sabrangindia.in/ex-muslims-observe-no-hijab-day/ Fri, 07 Feb 2025 12:34:21 +0000 https://sabrangindia.in/?p=40043 'Let men wear it'

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As a challenge to World Hijab Day on 1 February, No Hijab Day aims to confront the dominant narrative that packages the hijab as a symbol of women’s ‘empowerment’ and ‘choice’ and any opposition to it as ‘Islamophobia’.

On the day, Ex-Muslims International, a coalition of ex-Muslim groups and activists, is calling on women to remove their hijab and for men to wear it as a humorous way of highlighting a serious violation of women’s rights.

Of course, adults who want to wear the hijab should be able to. (Child veiling is a different matter and nothing less than child abuse.) But it’s important to recognise that on a mass and global scale, innumerable women and girls are coerced into wearing it in order to comply with Islam’s modesty rules. Acquiescence to coercion or religious directives is not the same as choice. Until women are allowed to refuse or remove it, there is no real choice involved. Choice must be preceded at the very least by legal, social, and sexual equality for it to have any real meaning.

Algerian sociologist Marieme Helie Lucas says that the use of the word ‘choice’ regarding the wearing of the hijab is reminiscent of an old debate on

workers’ ‘freedom to work’ at the time of Britain’s industrialisation, i.e. a time when in order to not actually starve and die, workers’ only ‘free choice’ was to work 14 hours a day in hellish circumstances that also killed many of them, including women and children under the age of 10.

Islamists and the religious right always gift-wrap their rules as ‘choices’ and ‘rights’ to manufacture consent and legitimacy when they are not in power. When they are, their imperatives on women are always backed by threats of hell, shunning, violence, morality police, and even imprisonment and murder. The killing of Jina Mahsa Amini in Iran, which sparked the Woman, Life, Freedom revolution in 2022, is a clear example of the level of violence used by the religious right—and also the contestation of and resistance to it that exists there and everywhere.

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Anti-government protests in shiraz, Iran, following the death of mahsa amini. attribution: Fars Media Corporation. CC BY 4.0.

To defend the hijab, apologists and Islamists even use the slogan ‘My Body, My Choice’, which came out of the feminist movement in the 1960s during the fight for abortion rights. A more accurate slogan would be ‘Woman’s Body, Man’s Choice’.

The call for men to don the hijab on No Hijab Day is to show that modesty is always the remit of women. How many times have we seen a woman in full burqa walking behind a man dressed in shorts and a T-shirt? This is because men will apparently not cause fitnah, or chaos, in society if they show their hair. Rivers will not run dry. Earthquakes will not follow from seeing men’s bare heads. And men certainly don’t fill hell; immodest and ungrateful women do. Hence why there is never a men’s modest clothing line sold at M&S and Dolce & Gabbana.

Modesty culture sexualises girls from a young age and puts the onus on them to protect themselves. In her 2005 book Bas les voiles! (Veils Off!), Chahdortt Djavann argues that the psychological damage done to girls from a very young age by making them responsible for men’s arousal is immense and builds fear and feelings of disgust for the female body. It also removes male accountability for violence, positioning men as predators unable to control their urges if faced with an unveiled or ‘improperly’ veiled girl or woman. It feeds into rape culture. Women are to be either protected or raped depending on how well they guard their modesty and the honour of their male guardians. Many an Islamist has absurdly argued that modesty is an important deterrent for society’s well-being: if unveiled women mix freely with men, women will lead men astray and will need to be stoned to death for adultery, so better to prevent such an outcome from the get-go by imposing modesty rules on women!

It is important to note that the hijab is the most visible symbol of a broader, all-encompassing system of sex apartheid that uses systematic violence and terror to oppress, persecute, and kill women in order to deny them equality and autonomy and exclude them in every field, including education, employment, health, the law, and the family and from public and political life. It means, for example, that a woman’s testimony is worth half that of a man’s, that she cannot travel or work or study without her male guardian, that she must use a separate entrance to access government buildings, that she must sit at the back of the bus… In Afghanistan, this system is so heinous that the International Criminal Court Prosecutor has announced this month that he will seek arrest warrants against Taliban leaders over the persecution of women and girls.

Diane Nash, a leader of the 1960s US Civil Rights Movement, once said:

Segregation was humiliating. Just the reality of signs that said you couldn’t use front doors or you couldn’t use this water fountain implied that you were subhuman… Every time I complied with a sign, I felt like I was acquiescing to my own inhumanity. I felt outraged and hated it.

Similarly, sex apartheid is humiliating and deems half the population subhuman. This is why a global campaign is calling for sex apartheid (also known as gender apartheid) to be considered a crime against humanity like racial apartheid.

Despite the cost to the lives of women and girls, criticism of the hijab is often labelled ‘Islamophobic’. But as Egyptian feminist Aliaa Magda El Mahdy has put it, ‘Hijab is sexism, not anti-racism’.

In a recent submission to the Women and Equalities Committee’s session around ‘Gendered Islamophobia’, Southall Black Sisters, One Law for All, and Council of Ex-Muslims of Britain stated:

The term Islamophobia…carries a problematic history. Anti-racists may use the term to refer to attacks on Muslims but the term Islamophobia has the effect of moving these experiences from an analysis of structural, systemic, and institutionalised racism to an irrational individualised fear or ‘phobia’ of Islam. It erases the connections with other forms of racism, which are often manifestations of exactly the same axis of power, violence, ideology and policies [thus shutting down much-needed conversations about women’s rights].

No Hijab Day’s theme this year is #HijabSilences (as a subversion of World Hijab Day’s theme #HijabisUnsilence), which speaks directly to the hijab’s role in erasing and silencing women and girls.

As the Ex-Muslims International statement says:

A symbol that has been used to shame, control, and suppress women cannot be used to combat intolerance and racism. A sexist tool to control and erase women is antithetical to women’s empowerment and visibility. Whilst anti-Muslim bigotry and xenophobia are undeniable, racism cannot be combatted with sexism and the hijab, rooted in modesty culture and oppression.

No Hijab Day stands in solidarity with women who resist… [and] calls for global recognition of the struggle against sex apartheid and the hijab and a commitment to supporting the fight for women’s freedom, equality, and rights.

How to take part in No Hijab Day

We are calling on women of all beliefs and backgrounds to take off their hijabs and put them on a man on 1 February. Men should also feel free to don a hijab in solidarity.

Use this opportunity to spark meaningful conversations about purity culture in Islam, challenge sex apartheid, and show your solidarity with ex-Muslim, Iranian, Afghan, and other women around the world who refuse to wear the hijab.

Share your thoughts, experiences, and support using #NoHijabDay and #HijabSilences.

Let your voice inspire real change for women’s rights.

Maryam Namazie is an Iranian-born campaigner, writer and Spokesperson of the Council of Ex-Muslims of Britain and One Law for All. Author photograph: Emma Park.

Courtesy: The Freethinkers

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Bijnor: Muslim family harassed on Holi, attackers claim its tradition https://sabrangindia.in/bijnor-muslim-family-harassed-on-holi-attackers-claim-its-tradition/ Tue, 26 Mar 2024 11:09:10 +0000 https://sabrangindia.in/?p=34101  A viral video has captured an incident of harassment towards a Muslim family during the Holi festivities in Uttar Pradesh’s Bijnor. Three accused have been taken in custody thus far.

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The incident has gone viral and has sparked outrage on social media. The viral footage shows a group of men forcefully applying colours and throwing water on a family as they were riding on a motorcycle through the Dhampur area of Bijnor on March 20. The victims consisted of a Muslim man and two women, who were harassed by men carrying buckets of water and colours. Despite the family’s pleas to stop, the perpetrators continued their aggressive behaviour, and also shouted chants of ‘Jai Shri Ram’ and ‘Har Har Mahadev.’

In response to the incident, the Bijnor Police have launched an investigation, which has led to the arrest of one person, named Aniruddha, and the detention of others, which consists of three juveniles. Charges have been filed under various sections of the IPC and CrPC, including wrongful restraint, causing hurt, and assaulting a woman. Senior Superintendent of Police (SSP) Neeraj Jaduan, in a video statement, assured that the police are trying their best to identify the perpetrators with the help of CCTV footage.

SSP Neeraj Jaduan, in the released video statement, also went ahead and talked about the need to celebrate the festival in peace, urging people not to engage in any form of harassment during Holi celebrations, “Please do not forcibly apply colours on people. Police will take action against anyone who breaks the law.” He has also directed the Circle Officer (CO) of Dhampur to personally assist the affected family in filing a complaint and assured the public that the investigation would be conducted under his supervision.

A complaint was filed by the family following the identification of the victims by the police. So far, the accused involved in the incident have been charged by the police under several sections of the Indian Penal Code (IPC), including Section 153A for promoting enmity between different groups based on religion, race, place of birth, etc., Section 340 for wrongful restraint, and Section 354 for the use of criminal force against a woman with the intention to outrage her modesty or with the knowledge that such actions are likely to do so.

Meanwhile, Maktoob Media has reported that the attackers can be heard shouting, in the viral video, that “This is a 70 years old tradition!”

Filmmaker Darab Faruqui called the incident an example of rape culture. In his post on the disturbing incident, Faruqi breaks down the incident bit by bit, highlighting the chants such as ‘Jai Shri Ram’ and ‘Har Har Mahadev’ and the body language of the victims featured in the video.

It has been often noted how harassment often becomes normalised during Holi. It is often done saying “Bura na mano Holi hai” (Do not mind, it’s Holi). This phrase has been used to downplay or excuse instances of harassment and assault and often led to a culture where such misconduct is silently accepted and excused.

In 2023, the incident related to a 22-year-old Japanese woman named Megumi went viral. She was harassed and molested by a group of men on the streets of Delhi during the Holi celebration. She shared a video of the incident on Twitter, narrating the details, only to delete it shortly afterward, and said that she was in fear and terror as she was heavily trolled on her video. So not only was a woman harassed and violated, but she was also trolled and bullied after she spoke about it online.

Similarly, in 1996, the Gender Study Group at Delhi University released a report highlighting how instances of sexual harassment and assault increased during Holi festivities. The report revealed that about 60.5% of women residing on the campus that year in Delhi reported experiencing increased levels of harassment around this time. This persistent nature of gendered violence and violation under the guise of celebration affects women across religion, culture, and, as seen in the case of Megumi, nationality and race, too. This reality brings our attention to the urgent need for efforts to ensure efficient functioning of legal and also to ensure proactive initiatives to tackle parts of cultures that normalise violating women’s consent.

 

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T Raja Singh says India will be Hindu Rashtra by 2023

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Muslim women need not move court to register divorce by talaq: Kerala High Court https://sabrangindia.in/muslim-women-need-not-move-court-to-register-divorce-by-talaq-kerala-high-court/ Wed, 17 Jan 2024 12:32:38 +0000 https://sabrangindia.in/?p=32487 The Court noticed and addressed a gap in the Kerala Registration of Marriages (Common) Rules, 2008 which did not provide for the registration of divorces that are obtained under personal law.

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The Kerala High Court ruled recently that a Registrar for Births, Deaths and Marriages need not insist on court order to record a divorce obtained through talaq under Muslim personal law[1].

Justice PV Kunhikrishnan held that if the divorce is otherwise in order as per the personal law, a Muslim woman need not be sent to court for recording talaq and the Registrar concerned can record the talaq himself. This ruling came after the Court noticed a gap in the Kerala Registration of Marriages (Common) Rules, 2008 which does not provide for the registration of divorces that are obtained under personal laws.

This, the Court said, would put only divorced Muslim woman to a disadvantage and not divorced Muslim men because if a Muslim husband pronounces talaq in accordance with his personal law, he can remarry without removing the entry in the register of marriage maintained under the 2008 Rules, because his personal law permits more than one marriage in certain situations. However, the divorced Muslim woman cannot remarry till the marriage entry as per the 2008 Rules is removed by approaching a competent court of law.

“If a law abiding Muslim couple registered their marriage as per Rule 2008 and subsequently the husband pronounce talaq, can the registration of marriage as per Rule 2008 be a burden to the Muslim women alone? “, the Court asked.

The Court also opined that the power to register divorce is ancillary to the power to record marriage and, therefore, held that Registrars need not wait for court orders to record divorces that were obtained under personal law.

“If there is the power to register the marriage, the power to record the divorce is also inherent and ancillary to the authority who registers the marriage, if there is a divorce under the personal law. A divorced Muslim woman need not be sent to a court of law for recording the talaq if it is otherwise in order as per the personal law. The officer concerned can record the talaq without insisting on a court order,” the Court held.

Taking this further, the Court also, in his ruling, suggested that the Kerala legislature look into fixing the lacuna in the 2008 laws. The judgment was passed on a petition moved a woman whose marriage to her husband (arrayed as the third respondent) was dissolved in 2014 upon his pronouncement of talaq.

They intimated the Mahal Khazi of the same and he issued a divorce certificate. The petitioner approached the Local Registrar of Births Deaths and Marriages, the same one that had registered her marriage, seeking to make necessary entries in the marriage register regarding the dissolution of marriage.

However, the Registrar refused to do the same pointing out that the 2008 Rules, under which the marriage was registered did not have any provision that would allow it.

This prompted the petitioner to approach the Court seeking directions to the registrar to record the divorce. Since there is no provision in the 2008 Rules to record the divorce, the High Court held that the principle in the general power under Section 21 of the General Clauses Act, 1897 can be adopted.

Section 21 of the General Clauses Act says that, where by any Central Act or Regulation, a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued.

Accordingly, it held that Registrars can register divorces obtained by talaq without court orders.

The Registrar in this case was directed to consider the application moved by the petitioner to record her divorce, after issuing notice to the husband. If the husband confirms the divorce, the Registrar shall make the necessary entry in the Register of Marriage, the Court ordered.

The petitioner was represented by advocates KV Pavithran and Jayanandan Madayi Puthiyaveettil. Government Pleader BS Syamantak appeared for the State.


[1] Neyan Veettil Behsana v. Local Registrar for Births and Deaths & Marriages

 

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Being a Muslim in India 2023 | Ghazala Wahab | Teesta Setalvad https://sabrangindia.in/being-a-muslim-in-india-2023-ghazala-wahab-teesta-setalvad/ Thu, 07 Sep 2023 06:07:16 +0000 https://sabrangindia.in/?p=29702 CJP secretary Teesta Setalvad in conversation with Author, Journalist Ghazala Wahab on practicing Islam, growing up as a Muslim woman in India, the rise in targeted hate against minorities in the country and how does a Muslim woman navigate prejudices in today’s India.

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CJP secretary Teesta Setalvad in conversation with Author, Journalist Ghazala Wahab on practicing Islam, growing up as a Muslim woman in India, the rise in targeted hate against minorities in the country and how does a Muslim woman navigate prejudices in today’s India.

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