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Analysis

Triple talaq bill politically motivated, feel Muslim intelligentsia, women’s groups

Is the saffron party indeed serious about addressing the root issue of the social evil called instant divorce, and wants it stopped, or is it indulging in political posturing?

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The triple talaq bill, unilaterally drafted and brought by the Narendra Modi government, is politically motivated, feels the Muslim intelligentsia cutting across sectarian lines and schools of thought — but they are happy that the controversy has created awareness in the public mind about the evils of the practice.

Is the saffron party indeed serious about addressing the root issue of the social evil called instant divorce, and wants it stopped, or is it indulging in political posturing? The latter, say an overwhelming majority of stakeholders — from “fundamentalists” to liberals, Islamic clerics and women rights activists.

They think that the bill in its present form cannot stand judicial scrutiny.

“It’s an atrocious piece of legislation which is against the constitution because it discriminates on the basis of religion,” Irfan Ali Engineer, Director, Centre for Study of Society and Secularism, Mumbai, told IANS.

Irfan, son of acclaimed reformist-writer and social activist Asghar Ali Engineer, and a petitioner in the Shayara Bano case, explained: “It is discriminatory on the ground that if a Muslim man divorces his wife in a particular way, he would be jailed. But if a man of other religion abandons his wife, there is no legal action against him.”

He said there is “no doubt” the legislation is “politically motivated”.

Jamat-e-Islami Hind General Secretary Mohammed Salim Engineer said he could not understand the objective of this legislation.

“If the said bill had held three talaqs (divorces) as one, it would have made some sense. Which would mean that a divorce will not take place no matter how many times a man utters the word ‘talaq’ in one sitting, and which is in consonance with several schools of Islamic jurisprudence,” he said.

All India Muslim Majlis-e-Mushawarat Chairman Navaid Hamid had a similar view: “This bill is clearly faulty. In many Muslim sects, talaq pronounced thrice is treated as only one talaq. But this bill would hold a person of any sect guilty no matter if as per his belief irrevocable talaq has not happened.”

The government moved the Muslim Women (Protection of Rights on Marriage) Bill — which proposes a three-year jail term for a man pronouncing irrevocable triple talaq — in the Lok Sabha on December 28 last year and got it passed the same day despite opposition’s pleas to send it to a parliamentary committee. However, the Bill was stalled in the Rajya Sabha where the BJP and allies are in a minority. The government has said it is open to “suggestions” if these are “reasonable”.

Yasmin of Awaz-e-Niswaan, a women rights collective and an intervener in the triple talaq case, said that she and other activists had welcomed the Supreme Court’s August 22, 2017, decision to ban the triple talaq but the legislation brought by the government serves no purpose other than “furthering the BJP’s agenda”.

“We are against criminalistion of talaq. The Domestic Violence Act and the Section 498A of IPC are already in place to deal with any atrocities or violence against women, and which equally apply to Muslim women. So there is no need for a separate law… It looks like a conspiracy,” Yasmin told IANS.

Other women’s bodies such as Bebaak Collective and the All India Democratic Women’s Association (AIDWA) have publicly slammed the triple talaq legislation for its flaws and inherent contradictions.

Interestingly, the Muslim organisations that are against banning the triple talaq, activists and women bodies which wanted it banned and the opposition parties in Parliament have expressed concerns over the consequences of sending a man to jail for as long as three years.

Who will provide for the woman in her husband’s absence? Shouldn’t the government form a corpus for such women’s financial assistance/pension? Will the marriage remain intact even after the husband is jailed purportedly on the complaint of the wife? Are women’s rights safeguarded through this law in cases of other forms of divorce?

These are some of the questions raised by the critics of the bill and the political opposition inside Parliament. The government hardly attempted to assuage such tangible apprehensions and mostly resorted to an abstract emotional appeal that “the bill gives Muslim women their rights and dignity”.

Shia cleric Maulana Kalbe Sadiq, who is opposed to instant divorce and wants it abolished, could not find a reason to justify the penal provision in the bill.

“In Shias, there no such thing as talaq-e-biddat. The penal provision is not right, but so is not talaq-e-biddat. Even our Sunni brothers say that this is sinful,” he said.

The All India Muslim Personal Law Board (AIMPLB), the most vocal body in matters pertaining to Muslim Personal Laws, has already denounced the Modi government’s attempt to “encroach through this bill upon the Muslims’ fundamental rights guaranteed in the Constitution” and has termed the bill as uncalled for and unnecessary after the Supreme Court ruling has rendered triple talaq as null and void.

“In case your government considers it necessary to enact a law in this respect, consultations must be held with AIMPLB and such Muslim women organisations which are true representatives of Muslim women,” the AIMPLB has said in a letter to Prime Minister Modi.

The plea highlights the general grouse — that nobody was consulted while drafting the bill. Let alone the hardline Muslim clerics, even the liberal opinions including those of various women bodies, were not sought by the government.

People like Irfan Engineer feel that a law is required to address the issue, but it should be “comprehensive”.

“We need a comprehensive legislation, one that safeguards the rights of women in case of divorce, but at the same time it should not make the divorce process cumbersome and unendingly long,” he opined.

However, amid the heat of discussion on tripel talaq, Zafarul Islam Khan, Editor of fortnightly Milli Gazette, sees something positive in the whole discourse.

“One benefit of this entire brouhaha has been that common people have got some awareness about the evil of triple talaq. Also, clerics have started accepting that triple talaq is wrong and it should be weeded out. In fact, all of us want this practice banished,” Khan said.

He also advised the Muslims to “not react” to and “ignore” the bill. “Because provoking Muslims to polarise the society precisely seems to be BJP’s objective,” he added.

(Asim Khan can be contacted on [email protected] )

Analysis

Blow to BJP ahead of 2019 Lok Sabha polls – News Analysis

In the first instance of a party getting majority on its own in 30 years, BJP won 282 seats in Lok Sabha in 2014. The BJP-led NDA had won 336 seats out of 543.

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Congress workers Karnataka civic polls

The results in the Hindi heartland states of Madhya Pradesh, Chhattisgarh and Rajasthan came as a major shock for the Bharatiya Janata Party (BJP), which has won all the major states barring Delhi, Bihar, Punjab and Karnataka in elections held after the sweeping 2014 Lok Sabha victory.

The BJP was routed in Chhattisgarh and defeated in Rajasthan and Madhya Pradesh in closely-fought contests. The party mostly banked on the image of Chief Ministers Raman Singh, Shivraj Singh Chouhan to lift the party’s fortunes.

In Rajasthan, where opinion polls had written off the BJP, Prime Minister Narendra Modi and party chief Amit Shah put in extra efforts, besides banking on the hardcore Hindutva image of Uttar Pradesh Chief Minister Yogi Adityanath, to take the battle to the Congress, but still lost.

The BJP, however, managed to open its account in Mizoram, where the Mizo National Front (MNF) ousted the ruling Congress partty, but saw its numbers fall from five to one in Telangana, where the Telangana Rashtra Samithi swept the polls.

The results of these five states, which were dubbed the semifinals ahead of the next general elections in April-May 2019, could be a factor in the battle between the BJP-led National Democratic Alliance (NDA) and the Congress-led opposition.

The major issues raked up by Congress, specially the farm loan waiver amid an agrarian crisis across the country, employment and anger among upper caste, seems to have worked in its favour and could haunt the ruling dispensation if remedial measures are not taken.

The BJP is not ready, however, to accept the defeat as a referendum on the Modi government.

Union Finance Minister Arun Jaitley said issues in state elections are entirely different. The BJP won Madhya Pradesh, Rajasthan and Chhattisgarh in 2003 but lost the Lok sabha elections next year, he pointed out.

The general elections in 2019, he added, would be fought around Modi’s performance, with people voting for a tried and tested leadership instead of a non-ideological opposition coalition which is bound to collapse sooner than later.

The Congress, which had a disastrous performance in the 2014 Lok Sabha elections and suffered successive defeats in various Assembly elections, smiled for the first time after defeating the BJP in a direct contest in the three crucial states in north India.

Party president Rahul Gandhi, who campaigned vigorously, said the Assembly election results were a referendum on Prime Minister Narendra Modi’s non-performance on issues of unemployment, agrarian distress, corruption and negating the ill-effects of demonetisation.

Out of total 678 Assembly seats in the five states in the current round of elections, the Congress has won close to 300 seats while the BJP managed to win over 200 seats. In the 2013 Assembly polls, the BJP had won 377 seats in Madhya Pradesh, Rajasthan, Chhattisgarh and Mizoram while the Congress had won only 122 seats in these states.

In the 2014 Lok Sabha polls, the BJP had won 62 out of total 83 Lok Sabha constituencies of Madhya Pradesh, Rajasthan, Chhattisgarh, Telangana and Mizoram. Now the three Hindi heartland states will be ruled by Congress and the its impact would definitely be felt in the 2019 Lok Sabha polls.

In the first instance of a party getting majority on its own in 30 years, BJP won 282 seats in Lok Sabha in 2014. The BJP-led NDA had won 336 seats out of 543.

Its allies include the Shiv Sena, which has been on the war path for a while. Similarly, N. Chandrababu Naidu’s Telugu Desam Party (TDP) and Upendra Kushwaha’s Rashtriya Lok Samata Party (RLSP) have walked out of the NDA.

Since 2014, BJP has managed to retain just six Lok Sabha seats in by-polls. It won Lakhimpur in Assam, Shahdol in Madhya Pradesh, Beed and Palghar in Maharashtra, Vadodara in Gujarat and Shimoga in Karnataka.

In the last four years, the party has lost Lok Sabha by polls in Ratlam in Madhya Pradesh, Gurdaspur in Punjab, Alwar and Ajmer in Rajasthan, Kairana, Phulpur and Gorakhpur in Uttar Pradesh, Bhandara-Gondiya in Maharashtra and Bellary and Mandya constituencies in Karnataka.

The BJP, however, maintained the verdict was a mandate against the state governments and not against the Modi government.

“The results in five states clearly show there is no uniform trend across the country and local factors determined the outcome in each state. This is evident from the fact that even Congress suffered massive defeats in Mizoram and Telangana.

“Despite 15 years of anti-incumbancy in Madhya Pradesh, the BJP has put up a fight in Madhya Pradesh and has a major comeback in Rajasthan. The BJP’s and Congress’ vote share in both the states in Mandhya Pradesh and Rajasthan is almost tied which clearly show that the BJP has the potential to comeback with big victories in 2019 Lok Sabha polls,” BJP Spokeperson G.V. L. Narsimha Rao told IANS.

He also said whenever Congress has tied up with a regional party, it cost them votes.

(Brajendra Nath Singh can be contacted at [email protected])

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Analysis

Election losses in Hindi heartland worry BJP in UP

Is a question that is haunting many in the BJP. For a party that stormed to power after 16 years of political exile, the stunning 2017 Assembly victory is beginning to look like history.

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Lucknow, Dec 12 : With three major states in the Hindi heartland slipping out of its hands, the Bharatiya Janata Party (BJP) is worried in Uttar Pradesh where even party insiders complain about poor governance and growing lawlessness.

“What if this repeats here too?” is a question that is haunting many in the BJP. For a party that stormed to power after 16 years of political exile, the stunning 2017 Assembly victory is beginning to look like history.

Barely a year-and-a-half later, the popularity ratings of the state government, specially Chief Minister Yogi Adityanath, are worryingly down.

Many of his decisions, like renaming Faizabad to Ayodhya and Allahabad to Prayagraj and his use of acidic language, have soured his appeal, even among BJP supporters. BJP’s allies too are openly speaking against the way the state is run.

“There is a lot of corruption all round. Officials are not even listening to the Chief Minister’s directives,” said Om Prakash Rajbhar, who heads BJP ally Suheldev Bharatiya Samaj Party (SBSP) and is a cabinet Minister.

A perpetual rebel who has often broken ranks with the ruling party, Rajbhar’s disillusionment, unlike that of others, is out in the open.

There are, however, many senior Ministers in the ruling party who complain in private over what they feel is the poor and lacklustre performance of the BJP government.

“The government is directionless and has failed to inspire confidence,” says a party veteran who taunts the party leadership for not meeting the people’s aspirations.

“We are bogged down by a haughty bureaucracy which refuses to fall in line. As a result, our party workers and supporters are disgruntled,” he added.

A BJP General Secretary is accused by a Minister of trying to corner major tenders in irrigation and PWD departments. The Minister moaned that party leaders failed to understand the public mood.

Samajwadi Party spokesperson Abdul Hafiz Gandhi for once agrees with the BJP leaders’ assessment and points out that except for “hatred and rumour mongering”, the BJP government has failed to achieve anything in one-and-a-half years.

Lawlessness, he adds, continues in the state. And despite lofty claims and reckless police “encounters”, in which critics say many innocents have died, criminals continue to have a free run.

An Apple executive was shot dead by a policeman in cold blood. And now a police officer too was shot dead during mob violence in Bulandshahr. Many children have died in poorly-managed state-run hospitals.

“So what has changed?” asks a senior BJP leader, speaking on the condition of anonymity.

Former Minister and Pragatisheel Samajwadi Party (PSP) President Shivpal Yadav says the government was not only anti-farmer but was also fanning communal passions which he says was not in the interest of the state.

The BJP’s defeats in Rajasthan, Madhya Pradesh and Chhattisgarh show that the time for the BJP and Prime Minister Narendra Modi was “fast running out”, he added.

Another Minister, also not wishing to be named, told IANS that after initial bravado Adityanath had failed to control the bureaucracy and was dependent on a small coterie of officers.

He pointed out how while the previous Samajwadi Party regime made giant strides in infrastructure, the present one had not been able to deliver results.

“The 308-km Agra-Lucknow Expressway was built from scratch in 18 months flat. We have not been able to even start the Poorvanchal Expressway,” he rued.

The coming together of bitter rivals Samajwadi Party and the Bahujan Samaj Party (BSP) for the 2019 Lok Sabha polls is also sending the saffron camp into jitters.

(Mohit Dubey can be contacted at [email protected])

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Analysis

Column: “Sadak, bijli, paani”: Basic, yet game-changing – Behind Infra Lines

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Given the varied use of government spending, the question remains on how important it is to focus on the “basic” infrastructure services such as roads, electricity and water — the classic troika of “sadak-bijli-paani”.

Essentially, “basic” infrastructure such as roads, water and electricity are critical drivers of economic growth. Creating the “basic” backbone infrastructure not only delivers value through the usage of the asset or service but, inter alia, offers even greater value through the ecosystem that can be built around the core assets.

A recent tweet by Vinayak Chatterjee, Chairman, Feedback Infra Group, illustrates an example of the value-creation through building “basic” infrastructure: “As per Power Ministry, 15 states now have 100% household electrification. Likely consequences are also emerging like increased sales of electrical appliances.” It drives home the point that electrification infrastructure has a critical impact on creating value through multiplier effects on the economy, boosting demand for goods and services down the consumption chain.

For all the talk of FMCG companies accessing rural markets, consumer durable companies would do well to pay more attention to the infrastructure creation trends in the economy. For example, increased electrification creates entirely new markets for electronic goods-focused consumer durables companies.

However, the creation of a new market is not limited only to the product being sold. Given the relatively higher ticket-value nature of consumer durables, there is a new market for lending businesses as well. This opportunity in the lending space is to finance some part of the consumption trend. This opportunity is applicable mainly to well-entrenched incumbent lending institutions looking for the next phase of growth.

For instance, there might be a Non-Banking Financial Company (NBFC) with a significant business in financing the two-wheeler market in and around the areas seeing increased electrification. The increased electrification trend allows the NBFC to now access a substantial component of existing customers for a new product line of consumer durables. Thereby, the NBFC can deliver value to its stakeholders by building on an existing distribution network and credit information repository.

Additionally, there is a business opportunity for the logistics sector as well. A new market in consumer durables creates the need for transportation, storage and distribution of products in new areas. The above is an example of how “basic” infrastructure creation creates positive multiplier effects throughout the economy. Most importantly, new industries are established, and existing industries can expand into new areas thereby creating jobs and facilitating investments.

For investors focused on India, both in the private and public markets, current trends such as increased electrification create investment opportunities. For example, more electrification begs an important question: Which segment of the supply chain does the investor want to invest in to generate investment returns?

Do investors want to invest in consumer durable companies that can tap into new markets? Do they want to invest in financial firms that can benefit through funding of the consumption? Or do they want to invest in the logistics needed to create the new supply chain? Regarding direct versus non-direct investments, investors have a choice of directly investing in logistics real estate versus investing in publicly-listed companies that have significant exposure to the new markets. The single biggest takeaway is that the creation of “basic” infrastructure creates investment opportunities for all types of investors across the spectrum.

It is also important to note that besides the creation of new infrastructure, significant value creation is possible through improving the quality and maintenance of existing “basic” infrastructure. While new projects tend to grab most of the headlines, gradual quality improvements and effective maintenance of infrastructure is value-additive as well.

In summary, the creation of “basic” infrastructure delivers value on many fronts. Crowding in private capital, job creation, a higher standard of living, access to basic amenities and expansion of business opportunities are some of the obvious advantages that come to mind. Going forward, both central and state governments would do well to build and improve the “backbone” infrastructure.

(Taponeel Mukherjee heads Development Tracks, an infrastructure advisory firm. Views expressed are personal. He can be contacted at [email protected] or @Taponeel on Twitter)

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