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Talaq Judgement: Muslim Women A Play Thing in Communal Politics?

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9 years ago

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Talaq Judgement: Muslim Women A Play Thing in Communal Politics?

[vc_row][vc_column][vc_column_text]By Saeed Naqvi

Put it down to my acute perversity, because as soon as celebrations broke out and I glanced at the Supreme Court’s Triple Talaq judgement, Josh Malihabadi’s rubayee (quatrain) swam into my ken:

“Ae rind kya yehi hai baaghe rizwaan?

Na hooron ka kaheen pata na ghilma ka nishaan

Ek kunj mein maayuus-o-mulool-o-tanha

Bechare tahel rahey hain Allah mian”

(O’ Tavern companion, where have we come? Is this the promised garden?

I see no beautiful houris, nor handsome men.

In a gloomy corner, crestfallen,

Sad and lonely, Allah Mian paces ponderously)

Josh is mocking at Man’s distortion of God’s purpose.

Of course, this is escapism on my part, but I can hardly help it because in all my 75 plus years I have never known anyone, even by remote association, who discarded his wife by pronouncing “talaq, talaq, talaq.” Since Muslims are supposed to be in the grip of this all pervasive practice, I may be forgiven for feeling a little left out.

The defiance and passion with which the General Secretary of Jamiat Ulema e Hind Maulana Mahmood Madani, has reacted leaves me breathless:

“If you wish to punish the person (for pronouncing triple talaq) you may do so but such a talaq will be recognized” by Jamiat and society at large. The Maulana, to his credit, advises Muslims not to resort to triple talaq but he insists that the courts or the state not be allowed to interfere with Muslim practices, presumably based on Muslim law.

Do I stand with the Maulana to keep my Muslim identity intact? Or do I ignore him as I have ignored all clerical edicts throughout my life?

That a five judge bench of the Supreme Court has struck down the obviously abhorrent practice, should find me in the ranks of those thunderously applauding the judgment. But that too is not my chosen path.

I spot triumphalism in this national exultation led by Narendra Modi, Amit Shah, Yogi Adityanath and leaders of other parties in supporting roles. The Muslim male has been administered a double-fisted punch on his chin and his women freed from his basement harems.

Chief Justice Kehar has accorded protection to 90 percent of Muslims from the barbaric practice.

Do I belong to this 90 percent or was I always protected, being among the 10 percent who, by His Lordship’s calculus, were outside the dark canopy of shoddy Islamic laws?

Since most surveys seem to suggest talaq-talaq afflicts not more than one percent, does it behove their Lordships to paint the entire community with one brush?

Should not the Ministry of Social Welfare, the Minority Commission, instead of sitting on their haunches, do a survey to establish the extent to which the practice is prevalent?

Beef is a sensitive word these days. But beef (not buffalo but cow) is slaughtered and eaten by Muslims, non Muslims and Dalits in the North East, West Bengal, Kerala, Tamil Nadu etcetera. Would their Lordships judge Hindus as beefeaters along with Muslims across the country or would a clarification be in order that the practice is prevalent only in specific regions of the country?

Does the universal celebration over the judgment inspire optimism? Now that the Indian establishment across the board is so demonstrably filled with the milk of human kindness towards the divorced Muslim woman, it probably augurs well not just for the Muslim “Suhagan” (happily married) but for the entire Muslim community, all 180 million of them.

In his very first speech in Parliament in May 2014, Narendra Modi became the only Prime Minister to openly say what never came naturally to Congressmen that among the many burdens that weighed the nation down was “1,200 years of foreign subjugation”. Congressmen said this privately but never publicly.

The official party line, the one that the Congressmen went public with was about “200 years” of British rule. The Muslim period was glossed over. There was no public debate.

In fact at the earlier stages, soon after 1947, a common and particularly galling allegation was: “Muslims partitioned the country and then stayed on.”

There is no record of Congress leaders ever offering a clarification for this canard. So implicated were they in the country’s fracture, that they refrained from encouraging debate on this issue lest it turn upon them.

The Congress was not the only guilty party. Even socialists like Ram Manohar Lohia talked of the “spirit of Haldighati” as a panacea for boosting Hindu morale. He went along with the version of history which credits Maharana Pratap with victory over Akbar, a highly disputed proposition.

Since I stayed with JP in his Kadam Kuan residence in Patna, I saw firsthand how the Bihar movement was put together by Nanaji Deshmukh of the RSS and his close friend, Ramnath Goenka, publisher, owner of Indian Express. Socialists, conservative Congress leaders who had broken away from Indira Gandhi (or whom she had disbanded) all came together in the Janata Party government. Subsequent politics during Indira Gandhi and Rajiv Gandhi years had become manifestly sensitive to this reality: varying shades of Hindu majoritarianism were an essential requirement for the electoral game. It was on this trajectory that Narendra Modi gained exceptional height in 2014. Has he peaked?

The other day my sister and her daughter travelled by AIR INDIA. She had asked for a vegetarian diet, her daughter for non vegetarian. The printout of her ticket said: “Vegetarian Hindu meal”. The other printout was equally explicit: non vegetarian “Muslim meal”. Their Lordships may wish to find out if institutionalized apartheid is creeping upon us?

This is the background against which the nation and its media are amplifying the turn that the Supreme Court has given to the plight of Muslim women, divorced by recourse in an ungodly method. Intentionally or unintentionally on the part of their Lordships, the situation created by their judgment is fraught with politics, even though only one percent of Muslim women who have escaped talaq, talaq have reasons to rejoice. If propaganda is the name of the game, these ladies should be facilitated on their way to Mecca for Haj, by way of thanksgiving. This is a photo op not to be missed.[/vc_column_text][/vc_column][/vc_row]

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Om Birla likely to move motion to revoke suspension of 8 opposition MPs today

The Lok Sabha is likely to revoke the suspension of eight opposition MPs today, with a motion expected to be moved by the government following consensus on maintaining discipline.

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2 hours ago

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March 17, 2026

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Om Birla

The suspension of eight opposition Members of Parliament in the Lok Sabha is expected to be revoked on Tuesday, with Speaker Om Birla likely to initiate the process, according to sources.

The MPs, including seven from the Congress and one from the CPI(M), were suspended on February 3 for unruly conduct during the first phase of the Budget session after a resolution was adopted by the House.

Motion to be moved in Lok Sabha

Congress leader K Suresh said that Parliamentary Affairs Minister Kiren Rijiju is expected to move a motion around noon seeking revocation of the suspensions.

Although the suspension was initially imposed for the entire session, scheduled to conclude on April 2, opposition parties have consistently demanded reconsideration since the second phase of the session began on March 9.

Agreement on maintaining decorum

At a recent meeting convened by the Speaker, both ruling and opposition sides reportedly agreed on maintaining discipline in the House.

Key understandings include:

  • No member will enter the well of the House to protest
  • Papers will not be torn or thrown toward the Chair
  • MPs will not climb onto officials’ tables

The Lok Sabha Secretariat has also reminded members to keep areas within the Parliament premises obstruction-free to ensure smooth movement.

Speaker raises concern over conduct

Earlier, Om Birla had expressed concern over the use of banners, placards, and inappropriate language by some MPs. In a letter to party leaders, he stressed the need to uphold the dignity and traditions of parliamentary democracy.

He had also indicated that actions like suspension are taken in cases of serious misconduct, such as climbing onto tables during proceedings.

Suspended MPs

The suspended MPs include Gurjeet Singh Aujla, Hibi Eden, C Kiran Kumar Reddy, Amarinder Singh Raja Warring, Manickam Tagore, Prashant Padole, Dean Kuriakose (Congress), and S Venkatesan (CPI-M).

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Maharashtra passes freedom of religion bill with jail term up to 10 years

Maharashtra passes anti-conversion bill with strict jail terms and fines, aiming to curb unlawful religious conversions.

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2 hours ago

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March 17, 2026

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Maharashtra faces freedom of bill

The Maharashtra Assembly has passed the Freedom of Religion Bill 2026, introducing stringent penalties to curb religious conversions carried out through coercion, fraud, inducement or marriage.

The bill was cleared by voice vote late Monday, with the government asserting that it aims to protect individuals from unlawful conversions while safeguarding constitutional rights.

Under the provisions, individuals found guilty of conversion through marriage or deceit can face up to seven years in prison along with a fine of Rs 1 lakh. In cases involving minors, women, persons of unsound mind, or those belonging to Scheduled Castes and Scheduled Tribes, the punishment increases to seven years’ imprisonment and a fine of Rs 5 lakh.

Mass conversions will also attract a jail term of up to seven years and a fine of Rs 5 lakh. Repeat offenders could face imprisonment of up to 10 years.

Chief Minister Devendra Fadnavis said the law is not aimed at any particular religion but seeks to prevent conversions through illegal means. He emphasised that the right to freedom of religion under Article 25 of the Constitution does not include conversion through coercion or fraud.

He also noted that several states, including Odisha, Gujarat, Uttar Pradesh, Madhya Pradesh, Haryana, Karnataka and Jharkhand, have enacted similar laws.

The bill allows complaints to be filed by the affected individual or close relatives, while police can also initiate action in certain situations. The government said this provision is necessary as victims may not always be in a position to approach authorities.

Minister of State for Home Pankaj Bhoyar said the legislation ensures that conversions take place voluntarily and transparently. He addressed concerns over the requirement of giving a 60-day prior notice to the district magistrate, stating that the provision is meant to verify free consent.

The law also mandates informing authorities within 21 days after conversion, failing which it may be treated as invalid. The government described this as a measure for administrative record-keeping and to avoid disputes.

During the debate, members from the opposition raised concerns over possible misuse and vigilantism. Congress MLA Aslam Shaikh argued that the bill could affect constitutional rights, including privacy and equality. Some legislators also demanded that the bill be sent to a joint select committee for further scrutiny.

However, the opposition Shiv Sena (UBT) extended support. MLA Bhaskar Jadhav said the bill does not target any religion and is aimed at preventing unethical practices.

The government maintained that the law does not restrict an individual’s right to change religion voluntarily but is intended to curb unlawful practices and maintain law and order.

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Mamata Banerjee writes to poll chief over officers’ reshuffle, calls move arbitrary

Mamata Banerjee has written to the Chief Election Commissioner, calling the reshuffle of senior Bengal officials arbitrary and raising concerns over constitutional norms.

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2 hours ago

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March 17, 2026

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mamta banerjee

West Bengal Chief Minister Mamata Banerjee has written to Chief Election Commissioner Gyanesh Kumar, raising strong objections to the recent reshuffle of senior bureaucrats in the state ahead of the assembly elections.

In her letter, Banerjee described the move by the Election Commission of India as “arbitrary” and expressed “deep concern” over what she termed a unilateral decision. She urged the Commission to refrain from adopting such measures in the future.

The Chief Minister pointed out that while the Election Commission does have the authority to make administrative changes during elections, past practice has involved consultation with the state government. According to her, the Commission would typically seek a panel of officers from the state and make its selections from that list, maintaining what she called constitutional propriety and administrative convention.

Banerjee warned that bypassing this process could undermine the institutional credibility and long-standing legacy of the poll body, and may also affect the foundational principles of the constitutional framework.

The controversy stems from the Commission’s decision, taken soon after announcing election dates, to remove several top officials from election-related duties. These include the state’s Chief Secretary, Director General of Police, Kolkata Police Commissioner, and Home Secretary.

The Commission has maintained that the reshuffle was aimed at ensuring a peaceful and violence-free electoral process.

Reacting sharply, Banerjee alleged bias in the decision-making, claiming that the removal of the Chief Secretary indicated an anti-women stance. She also accused the Commission of selectively targeting officers, suggesting that the move favoured individuals aligned with the Bharatiya Janata Party.

Meanwhile, the Trinamool Congress escalated its protest, staging a day-long walkout from the Rajya Sabha earlier in the day.

Responding to the criticism, Parliamentary Affairs Minister Kiren Rijiju said the Election Commission is a constitutional authority, adding that questioning its decisions in Parliament is inappropriate and unproductive.

The Commission has appointed a new Chief Secretary in place of the outgoing official as part of the reshuffle.

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