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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

The US presidential elections and future of India-US relations

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Donald Trump Joe Biden

As the coronavirus pandemic dominates global news in the United States, progress toward the next presidential election scheduled to be held on November 3 moves slowly forward. President Donald Trump had no real opposition in the Republican party and is running for re-election. And it has now become apparent that former Vice President Joe Biden will be his opponent as the Democratic candidate for president.

What would a Trump victory bode for the future of US-India relations? What would a Biden victory bode? Let me answer each of those questions in turn.

Given the love fests of Prime Minister Narendra Modi’s ‘Howdy Modi’ event in Houston, Texas, in which Trump participated in September of 2019, and Trump’s ‘Namaste Trump’ event hosted by Modi in India in February of this year, it might be assumed that the future for US-India relations is a splendid one. This would be an incorrect assumption.

Both of these events were more symbolic than substantive. Trump’s participation in them undoubtedly helped to persuade some — perhaps many — Indian American Modi supporters who voted for Hillary Clinton in 2016 to cast their ballots for Trump in 2020. Trump’s campaign team took steps to ensure this by holding an event at his Mar-a-Lago resort in which a group of prominent Indian Americans announced their plans to work for his re-election and to mobilize Indian Americans on his behalf.

To understand the future potential of India’s relations with the US. with Trump as president, however, it is necessary to look beyond these political moves and to examine the present state of those relations and Trump’s personal style.

In a word, the best way to characterize the current relations between the US and India is “functional”. The relationship was relatively good for the first two years of Trump’s presidency. In fact, near the end of 2018, Alice Wells, the Acting Assistant Secretary of State for South and Central Asia, was quoted in the media s saying: “This has been a landmark year for US-India ties as we build out stronger relationships across the board.”

Then, in 2019, the relations went off the track in the first half of the year after the US and India got into a tit-for-tat tariff war after the US terminated India’s Generalized System of Preferences which allowed India to send certain goods to the US duty-free. There have been continuing efforts to structure a “modest” trade deal since then. It was thought there might be some type of deal done in September of 2019 while Modi was in the US by year’s end, and then during Trump’s India visit. But, as of today, there is still no deal.

This inability to get any meaningful trade agreement in place speaks volumes about India’s potential future relations with India with Trump as president. So, too does Trump’s style.

Trump’s campaign slogans this time around are “Keep America Great” and “Promises Made, Promises Kept.” Trump is not a policy wonk and most of his effort will go toward “America First”. This involves making the US more isolated by withdrawing from international agreements, restructuring trade agreements, emphasizing building walls to stop immigrants at the border, using tariffs to block trade with countries who are taking away American jobs, and confronting businesses who are allegedlly stealing American trade secrets.

This perspective suggests what India can expect for its relations with the US if it has to deal with Trump for a second term as president. The relations will stay functional at best. As I have said before, that’s because the words partnership, cooperation and collaboration are not in Trump’s vocabulary. Nationalism, isolationism and protectionism are.

Joe Biden stands in stark contrast to President Trump both professionally and personally. Biden is a strategic thinker and doer with a solid eight-year track record of leadership experience as Vice-President in forging alliances that have made a difference around the world and he has also been a long-standing friend of India.

He was chairman of the Senate Foreign Relations Committee and a leading advocate for the Congressional passage of the Indo-US civic nuclear deal in 2005. At a dinner convened 10 years later in 2015 by the Confederation of Indian Industry and the Carnegie Endowment for International Peace, Vice President Biden discussed the tremendous joint progress that had been made by the two countries in the past and declared “We are on the cusp of a sea change decade.”

Early in his campaign for the Democratic nomination for president in July of 2019, in laying out his foreign policy vision, Biden stated that the US had to reach out to India and other Asian partners to strengthen ties with them. The items on Biden’s foreign policy agenda for strengthening which are of importance for India include climate change, nuclear proliferation and cyberwarfare.

During his vice presidency, Biden worked side by side with President Barack Obama to do things that would contribute to achieving Obama’s vision stated in 2010 of India and America being “indispensable partners in meeting the challenges of our time.” In 2020, those challenges are even greater than they were a decade ago.

That is why it is so essential that India and the US develop a strategic relationship that enables them to become those indispensable partners. That can happen if Biden assumes the presidency on January 20, 2021. It cannot happen if Donald Trump remains as president for a second term.

The results of this upcoming election in the US matter greatly for the future of the United States. They matter greatly for the future of India-US relations as well. Time and the American electorate will tell what that future will be.

(Frank F. Islam is an entrepreneur, civic and thought leader based in Washington DC. The views expressed here are personal)

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Analysis

Covid-19 toll across world crosses 35,000

The COVID-19 is affecting 132 countries and territories around the world.

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Patients infected with the novel coronavirus

New Delhi, March 30 : The death toll around the world due to coronavirus crossed 35,000 on Monday evening, with Italy heading the list of 35,097 deaths with 10,779, while the number of cumulative cases rose to 737,929, with US leading with 143,055 of them, as per data from the Johns Hopkins University’s Coronavirus Resource Centre.

Spain was second with 7,340 deaths, followed by China with 3,308 (3,186 of them in Hubei where the outbreak was first recorded), Iran with 2,757 deaths, France with 2,606 deaths, the US with 2,513 (776 of them in New York) and the UK with1,228 deaths.

In number of cases, Italy was second with 97,689, followed by Spain with 85,195, China with 82,198, Germany with 62,435, Iran with 41,495 and France with 40,747.

Meanwhile, 156,652 people around the world had recovered, with nearly half of them (75,923) in China, followed by 16,780 in Spain, 13,911 in Iran and 13,030 in Italy.

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Analysis

45% of Indians do not back up their data, files: Survey

The survey was conducted among 728 Avast and AVG users between February 20-March 25.

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Data Privacy

New Delhi, March 30 : Nearly half of Indians do not back up because they think their data or files are not important enough and most of those who back up their data, do it once a month, a survey said on Monday.

Other reasons cited by the respondents for not backing up their data included not knowing how to do it, not having time and forgetting about it, according to the survey by cybersecurity company Avast.

“It could be that many aren’t aware they are backing up, as it could be happening automatically, in the background, however, others really might not be backing up at all, thinking it is not worth it,” Luis Corrons, Security Evangelist at Avast, said in a statement.

“Losing personal documents, photos and videos can be a painful experience and it’s not until this happens that they realize how valuable it actually is,” Corrons added.

Of those who do back up their data, nearly 42 per cent Indians back up to a cloud storage, 36 42 per cent back up their data to an external hard drive, 23 42 per cent back up to a USB or flash disk, 18 42 per cent back up their phone to their PC, and 10 42 per cent back up to a network storage drive, the results showed.

Corrons recommended to back up data to two different locations, like the cloud, and a physical storage, like an external hard drive.

When it comes to iPhone and Android phone owners, the percentage that backs up is nearly the same, 69 per cent and 70 per cent respectively.

The percentage of smartphone owners that don’t know how to back up their data does not vary much between iPhone and Android owners, with 13 per cent and 17 per cent claiming not knowing how to, respectively, the study revealed.

Data loss can be caused by users accidentally deleting their data themselves, hardware damage and failure, as well as malware, causing valuable data such as photos, videos, documents, and messages to be lost forever.

Ransomware and other malware, such as wipers, can either encrypt or completely destroy files, and there is no guarantee that files can be decrypted if a ransom is paid.

The survey was conducted among 728 Avast and AVG users between February 20-March 25.

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