by admin | May 25, 2021 | News, Politics
By Anjali Ojha,
New Delhi : The proposed bill that criminalises the practice of instant divorce “empowers” Indian Muslim women by giving them a larger say in dissolving marriages, custody of minor children and the right to seek maintenance from their estranged husbands, according to the cabinet-cleared controversial legislation opposed by Muslim groups.
The bill defines triple talaq as “any pronouncement (of divorce) by a person upon his wife by words, either spoken or written or in electronic form, or in any other manner”. It proposes to make the practice a punishable offence and is set to be introduced in the Lok Sabha next week.
IANS has exclusive access to a copy of the cabinet-cleared version of the legislation drafted after the Supreme Court’s decision against the gender-discriminatory practice that is not followed even in major Muslim countries, including Saudi Arabia, Egypt and Pakistan.
The draft bill says the practice against “constitutional morality” and “gender equity” is to be considered “void and illegal”.
Anyone who pronounces instant divorce “shall be punished with imprisonment for a term which may extend to three years and a fine”, the bill proposes.
In its statement of objects and reason, the draft mentions the landmark Shayara Bano case in which the Supreme Court invalidated the practice of instant triple talaq. The statement would be read by Law Minister Ravi Shankar Prasad when he introduces the bill in the Lok Sabha to explain why the government had to formulate the legislation.
Shayara Bano, a 38-year-old woman from Uttarakhand, fought a long legal battle seeking an end to the the patriarchal custom after she claimed to have suffered for 14 years in her marriage.
“This judgement gave a boost to liberate Indian Muslim women from the age-old practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation,” the minister says in the bill’s statement of objects.
The judgment vindicated the position taken by the government that “talaq-e-biddat”, which allows men to pronounce divorce thrice in one sitting, is against “constitutional morality, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the Constitution”.
Clerics and several Muslim organisations, cutting across sects and schools of jurisprudence, protested against the Supreme Court judgment and termed the government’s stand as “uncalled for interference” in the personal laws of the community.
Ravi Shankar Prasad, however, in the bill’s objects and reasons says the All India Muslim Personal Law Board (AIMPLB), which was also a respondent in the Shayara Bano case, had contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat but for the legislature to make any law on the same.
“They had also submitted in the Supreme Court that they would issue advisories to the members of the community against this practice,” the minister explains.
The bill notes that “there have been reports of divorce by way of talaq-e-biddat from different parts of the country” even after the Supreme Court invalidated the practice and the assurance by AIMPLB.
“It is seen that setting aside talaq-e-biddat by the Supreme Court has not worked as any deterrent in bringing down the number of divorces by this practice among certain Muslims. It is, therefore, felt that there is a need for State action to give effect to the order of the Supreme Court and to redress the grievances of victims of illegal divorce,” the minister says.
The bill states that urgent suitable legislation was necessary “to give some relief to…the hapless married Muslim women who suffer from harassment due to talaq-e-biddat.
“This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship.
“The legislation would help in ensuring the larger constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment.”
(Anjali Ojha can be contacted at anjali.o@ians.in)
—IANS
by admin | May 25, 2021 | Entrepreneurship, News, Success Stories
By Nikhil M. Babu,
Khoda (Uttar Pradesh) : Ten years ago, when three women walked into Shabnam’s one-roomed home here one afternoon, her six- and seven-year-old daughters, Sana and Shaima, were school dropouts. They were attending a nearby madrassa as the family could not afford their school uniforms.
Back then, Shabnam did not know that the visit by the three women would change the lives of her daughters.
They were teachers of Rasta, a newly-opened girls’ school in the neighbourhood. They had only one request: “Please send your daughters to our school.”
It is a request that has since brought hundreds of young Muslim girls into the fold of education.
In this “disease and crime-infested village” on the edge of Delhi — as the local media once described it — with a large Muslim population and no girls-only school, Rasta’s teachers went from door to door convincing parents to send their daughters to the school – which then charged only Rs 40 a month and provided free books and uniforms.
For Sana and Shaima, who joined in the same class despite the difference in their ages, it was a decision that has paid off. “Now they can read names of buses, government documents; my daughters are cleverer than us,” a beaming Shabnam told IANS outside her shanty.
From a modest beginning, the school now boasts of around 600 students (of whom 70 per cent are Muslims), online classes, and a pass percentage of 85 per cent for Class X.
On a recent winter morning, 17 girls sat on wooden benches and a chorus of “Yes, ma’am”, “No ma’am” could be heard in the Grade X classroom, painted a bright yellow and orange.
A decade after she joined the school, the roadside biryani-seller’s daughter Sana – now 16 and her teacher’s “best student” – will write her Class X exam in a couple of months and she dreams of becoming a teacher one day. And she is clear that education has helped her “become independent”.
Her sister, Shaima, who earned a “double promotion”, has moved on to another school nearby and is in Class XI today.
Seated next to Sana in her class are Saima, 18, and Rukaiyya, 17 – both confident enough to articulate their dreams.
“I can talk to anyone now. I’m not afraid to go anywhere,” said Saima, while Rukaiyya believes that, because she is now educated, her children will be better off.
All three girls had dropped out of school and, like many others, were brought back to school by Rasta.
Though well-established now, Rasta had an accidental beginning — a challenge between two old friends over cups of hot tea on a cold Delhi afternoon in January 2007.
“A friend asked me, as a challenge, whether I could teach Muslim girls — and I said yes,” recalled K.C. Pant, 58, founder of the school, sitting in a crammed office room at Rasta School.
Pant, who has about three decades of experience in the field of education, said that Khoda was an obvious choice and he worked fast to set up the school. By mid-February that year, Rasta started by providing informal education to about 250 students in four different locations in Khoda, each with two to three classrooms.
In 2015, the school was recognised by the Uttar Pradesh government and now it operates out of a single building.
But Pant recalled that things were not easy in those early days.
He and others had to go to madrassas and mosques, convincing religious leaders to send girls to school. “They were not used to sending their daughters to school. Maybe their sons, but not daughters.”
There has, however, been a major shift in the attitude of locals, he said. And the girls know that they have benefitted immensely.
Manju Joshi, 41, a Hindi teacher at the school, said that some of the students go on to get a degree. “Some of them return to visit the school — and they come and hug us,” she said with a smile.
“Two years back, a girl delayed her marriage as she wanted to study more. For a Muslim girl from a poor background, it is a big achievement,” said Vinita Singh, the school’s principal.
Another Shabnam – Shabnam Ansari, 45 – also has two daughters studying at Rasta. But her reason for sending them to school was different. “These days even the groom asks ‘How much did the girl study?'” she noted.
“Father also puts thumb impression on paper, mother also puts thumb impression on paper — will the children also do that?” she asked. “What happened to us shouldn’t happen to them.”
Pant, however, believes that there is still a long way to go.
And that is evident at Sana’s house, where her father Arif, the biriyani-seller, said: “What will she do after studying? Anyway we won’t let her do a job. Class X is enough. Now let her do household work. The fee has also increased to Rs 300 and I don’t have money.”
“What will people say if we send her for a job?” asked her mother Shabana. She also complained that Sana only does school activities and not religious ones.
Their education has, however, had its impact on the girls.
“Even if it’s through open school, I want to continue my studies,” Sana said, adding: “I want to go to college.”
“Now she’ll also say that she wants to go for a job” Shabnam said with a laugh. “We are not going to allow her.”
But even with her parents around, Sana said with quiet determination, without looking at them: “I WANT to get a job.”
(The weekly feature series is part of a positive-journalism project of IANS and the Frank Islam Foundation. Nikhil M. Babu can be contacted at nikhil.b@ians.in)
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : A bill on making Triple Talaq a punishable offence and another one to give constitutional status to the backward classes panel is set to be introduced in the Lok Sabha next week, Parliamentary Affairs Minister Ananth Kumar said on Thursday.
The Muslim Women (Protection of Rights on Marriage) Bill, 2017, provides for three-year imprisonment and fine for men who orally divorce their wives and also gives such Muslim women the right to seek maintenance.
The Constitution (123rd Amendment) Bill pertains to conferring constitutional status on the National Commission for Backward Classes.
The bill, passed by the Lok Sabha in April, was sent to the Rajya Sabha which passed the bill with amendments. Hence, the government will now reintroduce the bill.
“In case of a constitution amendment bill, the Lok Sabha and the Rajya Sabha cannot differ. So the bill has to be reintroduced,” the Minister said.
Government sources said some minor changes were made to the bill.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : After Interpol on Saturday refused to issue a red corner notice (RCN) against controversial Islamic preacher Zakir Naik, the National Investigation Agency (NIA) said it will submit a fresh request for the same.
“NIA’s request for Red Notice against Zakir Naik was not accepted by Interpol as chargesheet had not been filed when the request was submitted to the Interpol headquarters. Now NIA will submit a fresh request to Interpol as chargesheet has already been filed in the NIA court concerned in Mumbai,” an NIA official said.
In a statement, Naik’s spokesperson said: “Interpol has cancelled red corner notice on Dr Naik and instructed its worldwide offices to delete all data from files on him, citing political and religious bias among other reasons.”
“The Interpol contended that there was a severe lack of evidentiary basis, a failure by Indian authorities to follow due process of law, political and religious bias that formed the basis of such a notice, and lack of international interest,” he added.
It also said: The Interpol’s Commission found after thorough examination that the request from the Indian NCB was not compliant with Interpol’s rules and thus decided the Indian government’s request for Red Corner notice should be cancelled.”
The Indian government had banned Naik and his organisation Islamic Research Foundation for five years and declaring it an unlawful organisation.
Naik is also accused of spreading hatred through his speeches, funding terror groups and laundering money. The NIA last year had registered a criminal case against him.
—IANS
by admin | May 25, 2021 | News, Politics
By Sheikh Qayoom,
Jammu/Srinagar : Even though permanent peace remained a distant dream for the people of beleaguered Jammu and Kashmir, 2017 was a comparatively better year for the state — security forces registered huge successes against militants, mainstream politicians once again moved out to meet people, the Centre appointed a special representative for a sustained dialogue, and the common man faced fewer life-disrupting protests and shutdowns.
On the anti-militancy front, the security forces killed more than 210 militants in Kashmir during the year. South Kashmir areas, including the Anantnag, Pulwama, Shopian and Kulgam districts, were once again brought under their dominance by the security forces.
These areas had virtually remained out of bounds for mainstream politicians during 2016 because of the presence of militants and an overwhelming public sentiment in their favour.
“Almost all the top commanders of militant groups were killed this year and area dominance operations in south Kashmir have kept the militants on the run,” said a senior intelligence officer who did not want to be named.
From the security point of view, this is a big success, but the bad news is that ground reports suggest that local youth in these areas are still joining the militant ranks.
It is precisely for this reason that the security forces, especially the local police, have been trying to persuade the youths who joined militant ranks to return and lead a normal life.
The return of Majid Khan, a footballer from Anantnag district, was for this very reason categorised as “neither surrendered nor arrested” by senior police officers in the state.
“He responded to the appeal from his parents and decided to come back since no message is as powerful as that of a mother to her son,” state police chief S.P. Vaid said when asked to comment on Majid’s return.
Encouraged by the success of Majid’s parents, more parents in the Valley have been issuing appeals to their children through social networking sites to give up the gun and return home.
Security forces say more local youth are likely to return, inspired by Majid’s decision.
“We have promised not to take any action against a local youth who decides to return to his family and lead a normal life. If some of them have been involved in any crime, they would have to face the normal process of the law,” said another senior officer of the security forces.
In the past, there have been serious reprisal attacks on “surrendered militants” in Kashmir. It is for this reason that parents calling their children back have also appealed to militant outfits to let them return without harbouring any ill-will against them.
Whether or not the “return” effort succeeds in motivating all the local youth to shun violence and lead a normal life would have to be watched.
Life for thousands of villagers living along the line of control (LoC) and the international border has been a nightmare this year. The Pakistani army has violated the bilateral ceasefire 720 times on the LoC this year, killing 17 security men and 12 civilians.
Each time guns boom on the LoC, life for villagers in Poonch, Rajouri, Jammu, Samba and Kathua districts goes into a tailspin.
People fear coming out of their homes, schools are closed, traffic comes to a grinding halt, villagers cannot venture out to carry the sick to the hospital and even cattle are not spared by the mortars that rain indiscriminately on civilian facilities along the LoC and the International Border in the Jammu region.
Promises by successive governments of allotting small pieces of land to border dwellers away from the line of fire remain unfulfilled and the only hope these people have is hoping for the impossible.
“Would India and Pakistan, in my lifetime, decide to live in peace?” asked Din Muhammad, 65, a border resident in Poonch district.
Politically, the situation has definitely improved in Kashmir as compared to last year when mainstream politicians had been confined to the four walls of security around them.
Politicians of both the ruling Peoples Democratic Party (PDP) and the opposition National Conference (NC) have been visiting villages, towns and even areas close to the LoC to reach out to the people.
In the forefront of this mainstream political activity have been Chief Minister Mehbooba Mufti and one of her predecessors, Farooq Abdullah.
Mehbooba has been visiting various districts in the Valley and the Jammu region to meet delegations of people and address their grievances on the spot as far as possible.
During one of her recent outreach exercises, Mehbooba had to spend the night in the north Kashmir Bandipora district because delegations kept pouring in till late evening to meet her with their problems.
Subsequently, during a similar exercise in Ganderbal district, she listened patiently to the people’s problems for over eight hours and directed officials to address these.
Her arch rival in the National Conference, Farooq Abdullah, has visited many places in the Valley and also areas close to the LoC to oppose the PDP and its leadership for aligning with the right wing BJP for power in the state. For the opposition leaders, the regenerated debate on article 370 and 35A of the constitution has come handy while targeting the PDP.
While the PDP stands to defend these special provisions of the Indian constitution, the BJP is ideologically committed to have them scrapped to ensure complete merger of J&K with the rest of the country.
To bring various stakeholders together so that issues concerning the three regions of Jammu, Valley and Ladakh are resolved, the Centre appointed former Intelligence Bureau chief Dineshwar Sharma as the special representative to start a multi-layered sustained dialogue in the state.
Sharma has so far visited the state twice and met delegations of mainstream political parties, businessmen, surrendered militants, sportsmen and tribal organisations et al.
The separatist leaders have been keeping away from engaging in a dialogue with Sharma, although a report said recently he had met two of them while in the Valley last time.
The holding of the by-election for the Anantnag Lok Sabha seat has been kept on the hold by the Election Commission on the state government’s recommendations.
Elections for panchayats and urban bodies are also overdue in the state. The holding of these elections, expected some time next year, would be the litmus test of democracy in the state. It is expected these would be held some time early next year.
So far, the authorities have been reacting to separatist calls for shutdowns and protests by placing the separatist leaders under house arrest and imposing restrictions in areas where the law and order situation is sensitive.
Syed Ali Geelani, the octogenarian separatist leader, has been under house arrest throughout this year as authorities fear his participation in separatist-called protests could result in a major law and order problem.
In a nutshell, 2017 has been a year of mixed fortunes for the people in the state. While some semblance of comparative normalcy returned to Kashmir this year, permanent peace and normalcy continue to be as fragile in the beleaguered state as it has been during the last nearly three decades.
(Sheikh Qayoom can be contacted at sheikh.abdul@ians.in)
—IANS
