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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

Bank with Amit Shah as a director collected highest amount of banned notes among DCCBs: RTI reply

The Ahmedabad District Cooperative Bank (ADCB) secured deposits of Rs 745.59 crore of the spiked notes — in just five days after Prime Minister Narendra Modi made the demonetisation announcement. All the district cooperative banks were banned from accepting deposits of the banned currency notes from the public after November 14, 2016, — five days after demonetisation — on fears that black money would be laundered through this route.

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Mumbai, June 21 (IANS) A district cooperative bank, which has Bharatiya Janata Party (BJP) President Amit Shah as a director, netted the highest deposits among such banks of old Rs 500 and Rs 1,000 notes that were abruptly demonetised on November 8, 2016, according to RTI replies received by a Mumbai activist.

The Ahmedabad District Cooperative Bank (ADCB) secured deposits of Rs 745.59 crore of the spiked notes — in just five days after Prime Minister Narendra Modi made the demonetisation announcement. All the district cooperative banks were banned from accepting deposits of the banned currency notes from the public after November 14, 2016, — five days after demonetisation — on fears that black money would be laundered through this route.

According to the bank’s website, Shah continues to be a director with the bank and has been in that position for several years. He was also the bank’s chairman in 2000. ADCB’s total deposits on March 31, 2017, were Rs 5,050 crore and its net profit for 2016-17 was Rs 14.31 crore.

Right behind ADCB, is the Rajkot District Cooperative Bank, whose chairman Jayeshbhai Vitthalbhai Radadiya is a cabinet minister in Gujarat Chief Minister Vijay Rupani’s government. It got deposits of old currencies worth Rs 693.19 crore.

Interestingly, Rajkot is the hub of Gujarat BJP politics — Prime Minister Modi was first elected from there as a legislator in 2001.

Incidentally, the figures of Ahmedabad-Rajkot DCCBs are much higher than the apex Gujarat State Cooperative Bank Ltd, which got deposits of a mere Rs 1.11 crore.

“The amount of deposits made in the State Cooperative Banks (SCBs) and District Central Cooperative Banks (DCCBs) — revealed under RTI for first time since demonetisation — are astounding,” Manoranjan S. Roy, the RTI activist who made the effort to get the information, told IANS.

The RTI information was given by the Chief General Manager and Appellate Authority, S. Saravanavel, of the National Bank for Agriculture & Rural Development (NABARD).

It has also come to light, through the RTI queries, that only seven public sector banks (PSBs), 32 SCBs, 370 DCCBs, and a little over three-dozen post offices across India collected Rs 7.91 lakh crore — more than half (52 per cent) of the total amount of old currencies of Rs 15.28 lakh crore deposited with the RBI.

The break-up of Rs 7.91 lakh crore mentioned in the RTI replies shows that the value of spiked notes deposited with the RBI by the seven PSBs was Rs 7.57 lakh crore, the 32 SCBs gave in Rs 6,407 crore and the 370 DCCBs brought in Rs 22,271 crore. Old notes deposited by 39 post offices were worth Rs 4,408 crore.

Information from all the SCBs and DCCBs across India were received through the replies. The seven PSBs account for around 29,000 branches — out of the over 92,500 branches of the 21 PSBs in India — according to data published by the RBI. The 14 other PSBs declined to gave information on one ground or the other. There are around 155,000 post offices in the country.

Fifteen months after demonetisation, the government had announced that Rs 15.28 Lakh crore — or 99 per cent of the cancelled notes worth Rs 15.44 lakh crore — were returned to the RBI treasury.

Roy said it was a serious matter if only a few banks and their branches and a handful post offices, apart from SCBs and DCCBs, accounted for over half the old currency notes.

“At this rate, serious questions arise about the actual collection of spiked notes through the remaining 14 mega-PSBs, besides rural-urban banks, private banks (like ICICI, HDFC and others), local cooperatives, Jankalyan Banks and credit cooperatives and other entities with banking licenses, the figures of which are not made available under RTI,” he said.

The SCBs were allowed to exchange or take deposits of banned notes till December 30, 2016 — for a little over seven weeks, in contrast to district cooperative banks which were allowed only five days of transactions.

The prime minister during his demonetisation speech had said that Rs 500 and Rs 1,000 notes could be deposited in bank or post office accounts from November 10 till close of banking hours on December 30, 2016, without any limit. “Thus you will have 50 days to deposit your notes and there is no need for panic,” he had said.

After an uproar, mostly from BJP allies, the government also opened a small window in mid-2017, during the presidential elections, allowing the 32 SCBs and 370 DCCBs — largely owned, managed or controlled by politicians of various parties — to deposit their stocks of the spiked notes with the RBI. The move was strongly criticised by the Congress and other major Opposition parties.

Among the SCBs, the Maharashtra State Cooperative Bank topped the list of depositors with Rs 1,128 crore from 55 branches and the smallest share of Rs 5.94 crore came from just five branches of Jharkhand State Cooperative Bank, according to the replies.

Surprisingly, the Andaman & Nicobar State Cooperative Bank’s share (from 29 branches) was Rs 85.76 crore.

While Maharashtra has a population of 12 crore, Jharkhand’s population is 3.6 crore. Andaman & Nicobar Islands have less than four lakh residents.

The poorest of all the cooperative banks in the country is Banki Central Cooperative Bank Ltd in Odisha, which admitted to receiving zero deposits of the spiked currency.

Of the total 21 PSBs, State Bank of India, Bank of Baroda, Bank of Maharashtra, Central Bank of India, Dena Bank, Indian Overseas Bank, Punjab & Sindh Bank, Vijaya Bank, Andhra Bank, Syndicate Bank, UCO Bank, United Bank of India, Oriental Bank of Commerce, and IDBI Bank (14 banks) — with over 63,500 branches amongst them — did not give any information on deposits.

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Analysis

Can yoga make the cut for Olympics?

It’s only natural that the voices for and against will get louder and more competitive. Being the unofficial benefactor of yoga, India is expected to take an unequivocal call.

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On a day when yoga is having to jostle for mind space with a hugely popular sporting event like the FIFA World Cup, many fans of the ancient regimen are seriously dreaming up for a world cup of their own. Are they getting too carried away by the euphoria around of the 4th International Day of Yoga? Or is it a case of trusting yoga’s extreme versatility to adapt itself to the demands of the time?

Will there ever be a time when a Yoga World Cup driving up a mania like the FIFA World Cup does? As yoga gets mainstreamed big time in the last four years, a debate on whether it can become a competitive sport has actually begun. The jury is still out with both sides of the divide putting out equally tenable and credible arguments.

It’s only natural that the voices for and against will get louder and more competitive. Being the unofficial benefactor of yoga, India is expected to take an unequivocal call.

Unfortunately, we have seen quite a flip-flop on this. After deciding to treat yoga as a sport in 2015, the Ministry of Youth Affairs and Sports (MYAS) reversed the decision in the following year.

Giving in to the Puritans who frowned at any dilution of its spiritual core, it concluded yoga has quite a many subtle elements in which competitions are not possible. Many watchers see a not-so-yogic hand in this change of heart. Some of them ascribe to it a compromised arraignment to end a tug of war between MYAS and the Ministry of AYUSH over the control of yoga.

Surely, yoga isn’t just about asanas or body postures. According to the eight-limb (Ashtanga) paradigm of yoga, the other dimensions include such subtle things as adherence to social and personal ethics, control of breathing and senses and one-pointedness and meditation. It will be next to impossible to draw up a championship format for these realms of activities. Yet, sport-yoga is not a dead dream.

While it wouldn’t be possible to adapt the whole philosophy of yoga into competitive sports, we shouldn’t underestimate yoga’s flexibility to adapt itself. From being an ancient spiritual pursuit for those seeking enlightenment and becoming a hippies’ fad, yoga has shown remarkable flexibility to become the most-chanted lifestyle mantra of today.

The point is that some kind of competitive sports based on one or more limbs of yoga is a distinct possibility. Though it may not live up to the loftier promises, yoga-based games and sports will do no harm. Instead, they will do a lot of good to the cause of yoga promotion. Yoga as a sport will comfort quite a many who see a baggage of faith and welcome the greatest number of people.

Though some fear a dilution, not all yoga protagonists are against such an innovation. Big names have openly spoken about taking yoga to the Olympics. Going by the rising global craze for yoga, mats are going to roll sooner in the sporting arena. The real challenge will be in drawing up a competitive format that not only conforms to the definition of modern sports, but also doesn’t dilute the core. I don’t see any difficulties in making yoga “amusing”, “leisurely”, or “entertaining”. When martial arts and gymnastics can qualify and even make it to Olympics, asanas, the most primed candidate for being turned into competitive sports, can definitely make the cut!

Traditional yogis who swear by the spiritual and philosophical lineage of yoga need not worry. The tradition is on their side. The eight limbs of yoga are so interconnected that even if one does asanas, and that too as an exercise or a game, the practitioner is most likely to experience other dimensions like meditation, one-pointedness and bliss.

Even asanas, the most gross form of yoga, hold out endless promises. Maharishi’s Patanjali Yoga Sutra envisions asanas as a means of attaining what’s beyond the obvious. That means that adapting them into competitive sports isn’t likely to rob them of the power to unveil the Infinity.

Is it time then to tick a Perfect 10 on that gravity-defying Sirsasana?

(A former journalist, M. Rajaque Rahman is a full-time volunteer of the Art of Living. He can be reached at [email protected])

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Analysis

A view through an infrastructure investor’s prism

Active policies to address the three issues revolving around the value, scarcity and contract enforcement that investors utilise to determine both investments and the required rate of return can help make policies useful.

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Perspectives on infrastructure assets vary widely: While investors focus on investment returns, policymakers analyse both financial and socio-economic benefits. It would be worthwhile for policymakers to view things through an investor’s investment prism because an understanding of the critical factors that shape investment decisions will help frame better policies to expedite Indian infrastructure creation.

The “raw value” of an infrastructure project is what a potential investor evaluates first. For example, in a renewable energy wind project, the wind potential of a site is what an investor evaluates. For a transportation project, the investor evaluates the potential passenger traffic. This so-called “raw value” is a huge determinant of the financial viability of a project.

Segregating infrastructure sectors and projects by such “raw value” can help government and industry alike to work towards directing infrastructure capital more optimally. Additionally, such analysis helps in framing policies for those sectors that deliver very substantial social and economic value but are not financially viable on their own.

A robust framework that helps determine “raw value” can aid all the stakeholders, especially the government, to work with investors and multilateral trade agencies to find financing solutions for such socially and economically relevant projects. Eventually, India needs to create an information repository of sorts that provides the global investor base information and access by asset type and investment potential.

Once the “raw value” of a project is determined, an investor tries to gauge what is called its “scarcity value”. Take, for instance, transportation projects. If the transportation potential of connecting City “A” with City “B” is attractive, then is building an airport to connect the two cities the most optimal infrastructure asset? That is, in spite of the traffic potential, is an airport a “scarce” enough asset to deliver attractive returns?

The investor will gauge whether the airport is likely to face competition from a competing train network or a highway. Being cognizant of the long-dated nature of infrastructure assets is important. Hence investors will have to gauge the “scarcity value” of the asset to determine the attractiveness of the asset over the long investment horizon and, therefore, eventually decide on their willingness to invest in the asset.

It is essential for the government to find a balance between allowing investors to make returns commensurate with the risk taken and allowing the public to have access to a well-priced and high-quality infrastructure asset. The twin objectives of consistency and transparency in policy are crucial in this regard.

The government’s ability to formulate and communicate the strategy effectively regarding not just sectors but individual assets is vital. To indeed expedite infrastructure creation, granular policy across industries will be needed, more so for much-needed greenfield infrastructure projects.

Apart from “raw value” and “scarcity value”, an investor considers a third factor: The quality of the underlying contracts signed for the asset. Investors look for high-quality counter-parties with whom to sign contracts. More importantly, the government’s ability to deliver a robust legal system for contract-enforcement, as also a more efficient system for conflict-resolution, will attract more significant investments.

Lowering the risk perception for Indian infrastructure assets is essential not merely to attract more investments but also to attract investments at lower financing costs. Reducing the cost of capital is going to be a significant driver of infrastructure projects through their improved financial viability.

Another area that merits attention is the possibility of the government working even more closely with Export Credit Agencies of various countries to offer foreign exchange hedges, while “importing infrastructure investments”. Solutions that not only reduce the legal risk in investments but also partially eliminate the foreign exchange risk can help boost investments significantly.

Active policies to address the three issues revolving around the value, scarcity and contract enforcement that investors utilise to determine both investments and the required rate of return can help make policies useful.

Policy frameworks can potentially be refined using these three key factors that shape investment decisions. Most importantly, one does not need to improve concurrently on all three fronts for all infrastructure sectors; incremental improvement on one element can provide a significant fillip to infrastructure investments.

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

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