The Triple Talaq Argument: Fundamental Rights And Religious Obligations

The religious orthodoxy versus gender justice debate is not new. The debate has been ignited in the past from time to time challenging the sanctity of personal laws. The Muslim Personal Law Application Act, 1937, allows Indian Muslims to be governed by the Shariat (Islamic laws) based on Quran and Hadith (utterances of the Prophet) in matters of personal law.

It is the Shayara Bano case that once again has ignited the debate. Shayara is a resident of Kashipur in Uttarakhand who was given an instantaneous triple talaq by her husband. She then approached the Supreme Court and filed a petition against practices of talaq-e-bidat (instantaneous triple talaq), nikah halala and polygamy.

There are many progressive Muslim groups along with some secular bodies which demand to reform the unjust personal laws of the Muslim community. However, the All India Muslim Personal Law Board (AIMPLB) opposes any interference by the Supreme Court in matters of religious and cultural rights.

The right to equality is being denied to Muslim women merely by virtue of gender and religion. Shayara challenges talaq-e-bidat citing the fundamental rights guaranteed by the Indian constitution. Her petition invokes article 14, 15, 21, and 25 that deal with the right to equality before the law, protection against discrimination on grounds of sex or religion, protection of life and personal liberty, and freedom of religion respectively.

PM Modi, or his government, was actually very reluctant to intervene in the case earlier. In March this year, the Supreme Court asked the centre to publicize the Pam Rajput committee report in which it has sought a ban on gender discriminatory practices propagated by personal laws.

Nevertheless, personal laws are meant to preserve the plurality and diversity of the country, it cannot deny anyone their fundamental rights guaranteed by the Constitution. Muslim personal law, undoubtedly, need to be reformed. But before attempting that, the government should consult the Muslims and take their opinion into consideration. While there should be no compromise on equality of any kind, some of their fruitful thoughts can be helpful. Also, that will be a democratic approach towards handling this issue.

The pursuit of reform has so far been (mis)guided by the electoral politics. The irresponsible opposition will rake up this issue in the polls and link it with "communal politics" of BJP. I used the term "irresponsible opposition" because today when they don't find anything of substance against the government, they indulge in cheap politics. The government need to move very carefully and cautiously.

Also Read : The Triple Talaq Bill: A Final Step To Settle Gender Justice Debate Among Muslims

Comments

Does India As A State Obliged Towards Her Citizens For Providing Them Employment?

As the Modi-led BJP government has failed to rescue India from Job crisis in its five-year term, the question is whether the government has done enough to maintain the equilibrium in the job market of the country? And whether or not the government should be held liable for creating this crisis in the first place? Screenshot from movie 3 idiots Article 41 {Right to work, to education and to public assistance in certain cases} under DPSP says: “The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.” The DPSP cannot be enforced by any court, but the principles laid down in this part are nevertheless fundamental in the governance of the country, and it should be the duty of the State to apply these principles in making laws. We also need to look back to Mo...

A Glimpse Into The Life Of India's Most Trusted Batsman - Rahul Dravid and The World Cup

image credits- Chubby Chandru THE LEGENDARY CRICKETER, Rahul Dravid has finally quenched his desire of lifting a Cricket World Cup, though not as a skipper, not even as a player — but as a coach. Undoubtedly, it is the hard work of the boys involved in the game, who give their output on the ground and are directly responsible for the results. However, the hard work needs to be in the right direction and like any other sport, in cricket too, the team needs a right strategy to win the game. That's when the role of experience comes in, and who is better experienced than “the wall” himself. At his time, he was the most-trusted batsman of the Indian team. He performed when everyone else in the team surrender. He is the one who absorbed the deadly bowling attacks with remarkable ease. He is the one who rescued the team from the jaws of a humiliating defeat. He is the one who set up a massive target for the opponents and by the mere presence of the wall shatters their hopes. ...

A Reality Check of Bihar on Bihar Diwas

It's 22 March Today. It's Bihar Diwas (Bihar Day), a very special day for Bihar and Biharis. It is a day of political and cultural awakening among Biharis. However, instead of just pushing jingoism, let's do a reality check on the present state of Bihar. Bihar, historically a cradle of civilization with intellectual hubs like Nalanda and Vikramshila, faced economic decline over centuries due to colonial exploitation, natural disasters, and post-independence neglect. By the mid-20th century, the state struggled with poverty, unemployment, and underdevelopment, lagging behind India’s more industrialized or urbanized regions. This economic hardship pushed waves of Bihari laborers to migrate to cities like Delhi, Mumbai, Kolkata, Bengaluru, etc. in search of work, often taking up low-paying manual jobs—rickshaw pullers, construction workers, or street vendors. In these urban centers, they became visible symbols of rural poverty, and their sheer numbers made them an easy targe...

Making A Difference — Indian Media And Ravish Kumar

Today's Bulletin: Priya Prakash Varrier’s killing wink, Taimur’s daily schedule, 'Rashtramata' Padmavati , Donald Trump tweets, Different types of jihad - love jihad, hate jihad, cow jihad, North Korea’s ‘mental dictator’ Kim Jong Un's preparation for a nuclear war, and last, but not the least —An esteemed panel of 'alleged' experts and politicians engaging in an ‘alleged’ debate. If you are a consumer of Indian media, particularly the news channels, you might have got the idea of what my opening words are and where I’m trying to point it. If you think, all mediawallahs (media personnel) are same, or that these are really important topics worthy of your time, you need to think again. Ravish during his hate-speech There is a 'proven' left-wing terrorist, and an atheist, perhaps, NDTV journo named Ravish Kumar who is different. The non-Hindi Indian states might not have heard his name. He is not interested in covering ‘big stories’, no loud ...

Accidental Prime Minister Compels India To Talk Manmohan Singh And Corruption Before Election, A Review

The media advisor to former prime minister Manmohan Singh, with his boring job, has been able to commercialize a story of his boss right to the screen. No one would have imagined this possibility when the book was launched in the midst of the 2014 election; when it also made a buzz with the allegations giving birth to controversies. But with the change of government after the election, things cooled down and people forgot their highly qualified yet good-for-nothing economist PM. Only till next election though. ⭐⭐ (2/5) Directed by - Vijay Ratnakar Gutte Starring - Anupam Kher, Akshaye Khanna, Suzanne Bernert Storyline: Non-fiction, dramatized biography of former PM Manmohan Singh Prime characters Sanjay Baru: Media advisor to the PM and the narrator Manmohan Singh: The Accidental Prime Minister (2003-2014) Sonia Gandhi: The villain-in-chief, is an evil Italian woman using proxies to get hold of power and control things remotely through Manmohan Singh Rahul Gandhi: ...

Netanyahu Invites, Khans Declines - The Bollywood Hypocrisy

THE PRIME MINISTER OF ISRAEL, Benjamin Netanyahu invited the entire Hindi film fraternity for an event called “Shalom Bollywood” . Some attended while a few didn’t. But, if you think it's as simple as that, like "it should be up to the priority of the invitee and those having a busy schedule may skip the event", you might be wrong. Politics is the case: #Bollywood , we love your films. They are hugely popular in Palestine. Please don’t allow Israel to use them to undermine our struggle for freedom, justice and equality. "There are two ways of living, either go along with what's happening, or take responsibility for changing it." pic.twitter.com/Jl46D7OxDf — PACBI (@PACBI) January 18, 2018 The interesting part is that the people who didn't show up in the event are the same ones who were keen for lifting the ban on Pakistani artists who were banned to work in India on the wake of fidayeen attack on Indian army in Uri, carried out by the guerril...

The Anglo-Saxon Period - The Development of English Language

The Anglo-Saxon period is a time in history when groups of people from northern Europe, mainly the Angles, Saxons, and Jutes, moved to Britain. This happened around the 5th to 11th centuries AD, after the Romans left Britain. These tribes settled in what is now England and parts of Scotland, bringing their language, culture, and way of life. During this time, they formed small kingdoms, farmed the land, and fought battles with each other and against invaders like the Vikings later on. Their language became what we now call Old English, which is an early form of the English we speak today. The period ended in 1066 when the Normans, led by William the Conqueror, invaded and took over England. Historical Context Timeframe: Roughly 410 AD to 1066 AD . Start: Roman withdrawal from Britain around 410 AD left a power vacuum, enabling Germanic tribes to settle. End: The Norman Conquest in 1066 marked a shift to Norman rule and the transition to Middle English. Migration: The Angles, Saxon...

Social Mirror

Search This Blog