Connect with us

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?

Published

on

triple talaq-and-modi

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

Haj 2018 likely to be costlier, but not because of subsidy abolition

Union Minority Affairs Minister Mukhtar Abbas Naqvi on Tuesday announced the abolition of Haj subsidy from this year.

Published

on

Haj 2018

Haj 2018 is likely to be costlier than last year but not because of the abolition of subsidy that the government announced on Tuesday.

The cost is likely to go up thanks to rise in expenses incurred in Saudi Arabia during the Haj such as accommodation, transport, food and the like. Notably, the government subsidy did not cover these expenses and was limited to the airfare.

Haj Committee of India (HCI) Chairman Mehboob Ali Kaiser told IANS that it was bargaining hard with Saudi authorities to keep the cost in check but local factors may result in the rise of Haj expenses this year.

In 2017, the HCI charged Rs 200,000 for Haj with ordinary accommodation (Azizia) and Rs 234,000 for deluxe accommodation (Green), which is closer to the Haram in Mecca.

Image result for haj 2018

“Over the last year, the electricity tariff in Saudi Arabia has shot up three times. Also, the petrol prices have doubled. The accommodation cost is also going up. These factors may result in a hike in the total Haj cost this year,” Kaiser said.

At this point, it is difficult to predict the final cost to each pilgrim for Haj 2018, he added.

“It will be unfair to expect the same costs for everything in Saudi Arabia after a threefold rise in electricity prices and doubling of petrol prices. Secondly, the Saudis are cussed bargainers and we have to really haggle hard with them for every riyal.

“Nevertheless, we are trying our best and bargaining hard with them to ensure that the cost does not go up drastically,” Kaiser said.

Union Minority Affairs Minister Mukhtar Abbas Naqvi on Tuesday announced the abolition of Haj subsidy from this year.

Kaiser said that the HCI “knew it was coming and were sort of mentally prepared for it”.

“In any case, the withdrawal of subsidy will not affect the airfares from major cities such as Mumbai, Delhi, Ahmedabad and Bengaluru — but fares from smaller embarkation points such as Srinagar, Gaya may go up. But people from these states may now embark from any other place from where fares are low, such as Mumbai, Delhi or Ahmedabad,” he added.

However, in the coming years, the Haj cost is expected to come down as the Indian government is already working in the direction of reviving the sea route to Jeddah.

Naqvi said that the government has already taken active steps in this direction and once it is implemented, the fares would come down drastically.

Giving the genesis of the Haj subsidy, senior Congress leader Ghulam Nabi Azad said that it started in the 1980s (when Azad was a member of HCI) when the ships which were used to ferry the Haj pilgrims started ageing.

“The government was not disposed to spend money to buy new ships due to budget constraints. So, it was decided to fly the pilgrims to Jeddah. But the airfares were four times higher than the ship’s fare. So the government decided to cover some of the cost through a subsidy,” Azad said.

The sea route was discontinued in 1995.

(Mohd Asim Khan can be contacted at [email protected])

Continue Reading

Analysis

A cauldron of discontent

Every 18 minutes, a Dalit is attacked in India. However, the conviction rate is only 28 per cent. UP, Rajasthan, Bihar and MP have witnessed a hike in atrocities against Dalits.

Published

on

Bhima-Koregaon violence

Politics is a hard taskmaster. Politicians may manipulate public sentiment and reap electoral victories but time has a way of making them accountable. We have witnessed a slew of impressive electoral triumphs of the BJP but recent eruptions of discontent among the relatively prosperous Patidars in Gujarat, Marathas in Maharashtra and Jats in Haryana are ominous, for, historically, upper-caste denominations have consistently supported the BJP. Dalits across the country who have been targeted by a mindset which traditionally has been intolerant of them, have also sporadically expressed their frustration and growing discontent. Added to this is the divisive agenda of both the RSS and the BJP. This is evidence of both the incapacity and inability of this government to make a real difference in the lives of people.

The inability to sustain themselves because of the agrarian crisis is the common thread that runs through the growing discontent amongst Patidars, Jats and Marathas. Pre-independence, they were industrious farmers, hired as tenants and post-independence when tenants were granted ownership rights, they owned large tracts of prime agricultural land. They consolidated their position with the green revolution, advent of new crop varieties and modern farming tools. Prosperity made large numbers migrate to cities and take up businesses. As a result, only 10 per cent of Patidars own more than 10 bighas. The rest are marginal farmers caught in the midst of the agrarian crisis.

The urban Patidars find it difficult to get admission to educational institutions allegedly because of reservations for OBCs. Lack of remunerative prices for their produce and recent groundnut crop failures are reasons for the growing angst among them. The rise of Hardik Patel is attributed to both factors. Demonetisation and the flawed implementation of GST hurt even the most prosperous Patidars. This along with a sluggish economy and lack of job opportunities is at the heart of expressions of discontent and demand for reservations. Similarly, Maratha discontent is deep-rooted. The massive protests and outpourings may or may not be spontaneous but do represent livelihood concerns. Around 80 per cent of Marathas are subsistent farmers.

Lack of access to quality education and job opportunities resulting in massive social protests are symptomatic of the alienation setting in. With prosperity touching only a few, they are unsure of their future and hence they too demand reservations in government jobs. Jats, on the other hand, are regarded as backward in both Rajasthan and UP. But in Haryana, despite being politically dominant, they too clamour for reservations. Comprising around 29 per cent of Haryana’s population, they own three-fourths of agricultural holdings in the State. Jats have never been absentee landlords who lived off tenant cultivators.

However, over the years, their earnings from agriculture have declined along with fragmentation of holdings. A five-acre average holding gives a monthly income of not more than Rs 20,000. These incomes have been further hit because of drought, hailstorms and pest attacks in recent years coupled with a crash in prices of cotton, basmati and guar. Inward looking, they have been slow in adapting to an urban cosmopolitan environment. Not being educationally advanced, they have lagged behind in employment opportunities. Hence, the demand for reservation in educational institutions and employment. Recent violent agitations and destruction of private property in Haryana are also the result of loss of political power, with a non-Jat as Chief Minister.

On the other hand, Dalits, who have been the beneficiaries of reservations, find themselves being targeted. Recent attacks on Dalits are the result of deep-rooted prejudices and caste fault lines. Dominant castes still practice untouchability and the upward mobility of Dalits is not taken too kindly. Rohith Vemula’s tragic end and the response of a prejudiced mindset is a classic reflection of this. This inbuilt prejudice is exacerbated in recent years by lumpen upper caste elements who find an excuse in attacking Dalits for their traditional vocation. The senseless lynching of Dalits in Una exemplifies this. Dalits also become targets of violence if they happen to marry into the upper castes. The burning of Dalit children in Haryana and similar incidents of violence are not uncommon. The recent eruption of anti-Dalit sentiments in Maharashtra evidenced by the outpourings of Marathas who allege misuse of the law by Dalits has sent tremors of unease within the state. The empowerment of Dalits and their upward mobility over the years has led to a churning within the community, which is finding its expression in their recent mobilisation and assertion. They wish to break away from tradition to which they are chained. Yet a majority of them continue to be burdened by the same tradition. This has brought about societal unrest.

Every 18 minutes, a Dalit is attacked in India. However, the conviction rate is only 28 per cent. UP, Rajasthan, Bihar and MP have witnessed a hike in atrocities against Dalits. Rajasthan with 6 per cent of the country’s Dalit population accounts for 17 per cent of crimes against them. Anger and frustration within the community are palpable and the state has failed to protect them.

Minorities in India are equally insecure. Communal situations are engineered to polarise society for political dividends. Increasingly isolated, their traditional vocations are also under threat. Dealing with buffalo meat is hazardous and life-threatening. Many have been targeted and killed. Campaigns of love jihad and ‘ghar wapsi’ have added fuel to the fire.

India cannot be managed by a divisive agenda. An aspirational India is crying for change. This government is clueless about solutions. Without them, electoral triumphs may turn sour.

This article is published in DNA on January 15. 2018

The author is a member of the Rajya Sabha, and a senior Indian National Congress leader. Views expressed are personal.

Continue Reading

Analysis

Saudi Arabia: Transforming the face of a Kingdom

The plan involves changing the education curriculum, increasing women’s participation in the workforce and investing in the entertainment and tourism sectors to create jobs for young people.

Published

on

Mohammed bin Salman

There is a huge buzz throughout Saudi Arabia as the hitherto conservative Kingdom — seen as the religious font of Islam and home to its holiest shrines — gets ready to welcome women into its sports stadiums Friday.

The women of Saudi Arabia have entered 2018 with hope unlike ever before, for now they will be allowed greater freedom and perhaps play select sports — and drive. These efforts to bring gender parity are among a series of sweeping social and economic changes being orchestrated by the young Crown Prince, Mohammed bin Salman, to bring Saudi Arabia into a global leadership role in the 21st century.

The year 2017 was transformational for the Kingdom of Saudi Arabia, with a series of initiatives designed to improve gender equality, promote economic diversification, root out corruption and make it more open and attractive to visitors.

Behind a vast majority of these path-breaking initiatives was Prince Mohammed bin Salman, the world’s youngest defence minister, who, at 32, was elevated to the position of Crown Prince last June. Initiatives he has taken form part of the “National Transformation Programme 2020” and the Kingdom’s “Vision 2030”, guidelines of which he outlined last year.

The most momentous of these have been on gender equality. For the first time, girls in public schools will be allowed to play sports and get physical education. The women of Saudi Arabia will be allowed to enter some of the country’s sports stadiums, earlier an all-male preserve, while a royal decree issued last September will allow women the right to drive in the country, beginning June.

In further social transformations, the municipality of the holy city of Madinah will be run by women. The women-only branch of the municipality will provide all the regular services offered by municipalities, including issuance of licences for commercial activities and construction permits, inspection campaigns and investment opportunities, among others.

These measures gained international recognition and Saudi Arabia was elected in 2017 to the UN Women’s Rights Commission for a four-year term.

Other than the major social impact, shrewd economic thoughts are behind these measures, as increasing women’s participation in the workplace will boost the economy and combat corruption.

The “National Transformation Programme 2020” aims to capitalise on the Kingdom’s youth dividend by opening up the country to more employment opportunities through sports and entertainment and to empower women. Opening the country to more entertainment, allowing musical concerts and even a Comic-Con event (a three-day festival of anime, pop art, video gaming and film-related events last year) was part of a wide-ranging push to reform the economy and society and restore what Prince Mohammed bin Salman called the “moderate” face of Islam.

The plan involves changing the education curriculum, increasing women’s participation in the workforce and investing in the entertainment and tourism sectors to create jobs for young people.

Equally far-reaching are efforts to open up the Kingdom to outsiders, by offering tourist visas for foreigners, from this year, and creating facilities to promote the country as a tourist destination. The Red Sea project, which aims to offer an unparalleled tourist destination, will be developed along with leading global hospitality firms and will not be subject to the Kingdom’s conservative rules.

Over 18 million foreigners visited Saudi Arabia last year, almost all on pilgrimage to Mecca. As tourism is the country’s second-most important sector, the Red Sea project will spearhead the diversification of the Saudi leisure industry.

Meanwhile, an ongoing nationwide anti-corruption drive culminated last November with the detention of four ministers, high-profile entrepreneurs and 11 princes, including a son of former King Abdullah and multi-billionaire Alwaleed bin Talal.

This not only consolidated the Crown Prince’s authority, but clearly sent out a message that the royal family was not immune from facing the law, hitherto unthinkable in the Kingdom where the descendants of Ibn Saud were seen as a law unto themselves. That members of the royal family could no longer take their privileges for granted became more apparent when princes, protesting a cut in their water and electricity consumption payments, were taken into custody in the first week of 2018.

“Vision 2030” outlines the Crown Prince’s intent to make the country the centre of the Islamic and Arab world, a hub connecting three continents and an economic and investment powerhouse.

That Prince Mohammed bin Salman is King Salman’s chosen successor and heads the Council for Economic Affairs and Development, which oversees the Kingdom’s economic affairs and also shapes its political and security policies, indicates that manifold measures he has initiated will be carried through.

After taking over as Crown Prince in June 2017, Mohammed signalled his intent to fight radicalisation and combat terrorism, spearheading a boycott of Qatar over its alleged support to terrorism. In October, the prince said the return of “moderate Islam” was central to his plans to modernise the Kingdom.

After a horrific terrorist attack killed over 300 people in Egypt, Mohammed declared a “war against terrorism” at the inaugural meeting of the 41-member Islamic Military Counter Terrorism Coalition (IMCTC) in Riyadh in November saying, “We will not allow such elements to tarnish the image of Islam.”

With global climate change measures intensifying moves towards less dependence on fossil fuels, the Crown Prince’s Vision 2030 aims to drastically reduce the Kingdom’s reliance on oil while reforming, diversifying and privatising the economy.

The Crown Prince plans this year to sell about five per cent government stake in Aramco, the national oil company. He intends to create the world’s largest sovereign wealth fund, worth up to $3 trillion, with money generated by partially privatising Saudi Aramco.

He also plans to create a $500 billion business and industrial zone extending to Jordan and Egypt. The 26,500 sq km city, known as NEOM, will focus on industries including advanced manufacturing, biotechnology, energy, entertainment, food and water. It will be powered entirely with wind power and solar energy.

The country has also announced plans to build a massive entertainment city in Riyadh. The 334 sq km city, almost the size of Las Vegas when ready, will offer cultural, entertainment and sporting activities. The Al-Qiddiya project will be part of Saudi Arabia’s diversification drive and boost economic development by creating major job opportunities for local men and women.

The project perhaps best captures Prince Mohammed bin Salman’s intent to radically transform the face of the Kingdom.

(Nilova Roy Chaudhury is a senior journalist. The views expressed are personal. She can be contacted at [email protected])

Continue Reading
Advertisement

Most Popular