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

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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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Rahul Gandhi, Centre clash over Ladakh deepens as eight Congress MPs suspended

The Lok Sabha saw repeated disruptions after Rahul Gandhi was denied permission to speak on the Ladakh issue, leading to protests and the suspension of eight Congress MPs.

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Chaos engulfed the Lok Sabha on Tuesday as tensions between the opposition and the ruling Bharatiya Janata Party intensified over Congress leader Rahul Gandhi’s attempt to raise the issue of the India-China military standoff in Ladakh. The disruption eventually led to the suspension of eight Congress MPs for the remainder of the parliamentary session.

The confrontation unfolded after the Leader of the Opposition tried, for the second consecutive day, to read out excerpts from an unpublished book by former Army chief General M.M. Naravane that refer to the 2020 Ladakh crisis. The Speaker denied permission, citing procedural rules, triggering protests from opposition members.

Several MPs protested by refusing to speak when called upon, expressing solidarity with Gandhi. The uproar forced repeated adjournments of the House and, according to reports, involved members throwing pieces of paper towards the Chair.

Following the disorder, eight Congress MPs — including Hibi Eden, Amarinder Raja Warring and Manickam Tagor — were suspended. Warring later questioned the action, saying the protests were in response to Gandhi being denied the opportunity to speak despite having authenticated the document and submitted it to the House.

The BJP strongly criticised the Congress leadership. Party MP Anurag Thakur accused Rahul Gandhi of undermining Parliament and insulting the armed forces, alleging that the opposition was attempting to distract from recent government actions, including the presentation of the Union Budget. He also said the BJP would move a formal complaint seeking strict action against the suspended MPs.

Outside Parliament, Gandhi accused the ruling party of trying to silence him, saying he was prevented from speaking on the sensitive issue of the India-China border. He argued that he had followed procedure by authenticating the content he wished to quote but was still denied permission.

What happened a day earlier

On Monday, the Speaker had also disallowed Gandhi from reading the excerpts, with senior ministers countering his remarks during the debate. Government sources later maintained that the Congress leader violated House rules by attempting to introduce unpublished material into the official record without prior approval.

When proceedings resumed on Tuesday, Gandhi again raised the matter, insisting that the information had been authenticated. As the Speaker moved on to other members, two opposition MPs from the Samajwadi Party and Trinamool Congress declined to speak, signalling their support for him.

Rahul Gandhi targets India-US trade deal

Separately, Gandhi also criticised Prime Minister Narendra Modi over what he described as a lack of transparency surrounding the India-US trade deal. He questioned how negotiations that had reportedly remained unresolved for months were concluded overnight and alleged that the agreement compromised the interests of Indian farmers, particularly in agriculture and dairy.

Government sources, however, rejected these claims, stating that sensitive sectors would remain protected and that the deal does not undermine farmers’ interests. They said contentious issues, including market access, had been carefully handled.

The opposition has demanded full disclosure of the terms of the agreement, even as both sides continue to trade sharp political accusations inside and outside Parliament.

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Mamata Banerjee alleges mass voter deletions in Bengal, targets Election Commission

Mamata Banerjee has accused the Election Commission of deleting thousands of voter names without due process, raising questions over the timing of the exercise ahead of elections.

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Mamata Banerjee

West Bengal Chief Minister Mamata Banerjee on Monday intensified her attack on the Election Commission over voter roll revisions, alleging that a large number of names have been deleted without due process as the state heads towards elections.

Addressing party workers, Banerjee claimed that 40,000 voters’ names were removed from her constituency alone, alleging that the deletions were carried out unilaterally and without giving voters a chance to be heard.

“In my constituency they have deleted 40,000 voters’ names unilaterally… Even a murderer gets a chance to defend himself,” she said.

Allegations against election officials

The chief minister directly accused an election official, alleging political bias and irregular conduct in the revision process. She claimed that voter names were being removed while officials sat in Election Commission offices, calling the process illegal.

“They cannot do it, it is illegal. 58 lakh names have been unilaterally deleted,” she said, echoing claims earlier made by Trinamool Congress leader Abhishek Banerjee.

Banerjee also alleged that individuals described as “micro-observers” had been appointed illegally, claiming they had no role under the Representation of the People Act and were linked to the BJP.

‘Alive but marked dead’

In a dramatic moment during her address, the chief minister asked those present who had been marked as deceased in the voter lists to raise their hands.

“See, they are alive but as per the Election Commission they are dead,” she said.

She further alleged that names were being deleted under the category of “logical discrepancy,” adding that even noted economist and Nobel laureate Amartya Sen had earlier been questioned regarding the age of his mother.

Questions over timing of voter roll exercise

While stating that she did not oppose the Special Intensive Revision process in principle, Banerjee questioned the timing of the exercise.

“I have no problem with SIR, but why do it on the eve of elections? Why not after elections?” she asked.

Reiterating confidence in her party’s organisational strength, the chief minister said she was prepared to fight the issue politically and democratically.

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Supreme Court raps Meta over WhatsApp privacy policy

The Supreme Court warned Meta that it would not tolerate any compromise of citizens’ privacy while hearing a case related to WhatsApp’s 2021 privacy policy and a CCI penalty.

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WhatsApp

The Supreme Court on Tuesday delivered strong observations against Meta, the parent company of WhatsApp, over the messaging platform’s 2021 privacy policy, warning that it would not tolerate any compromise of citizens’ privacy.

A bench led by Chief Justice Surya said the court would not allow the sharing of user data in a manner that exploits Indians, remarking that privacy protections under the Constitution must be followed. “You can’t play with privacy… we will not allow you to share a single digit of our data,” the Chief Justice said during the hearing.

The matter relates to a plea challenging the law tribunal’s decision that upheld a ₹213 crore penalty imposed by the Competition Commission of India (CCI) on WhatsApp, while also permitting certain data-sharing practices for advertising purposes.

Court questions accessibility of privacy policy

During the hearing, the court raised concerns about whether WhatsApp’s privacy policy could realistically be understood by large sections of the population, particularly those who are poor or not formally educated.

The bench questioned if users such as roadside vendors, rural residents, or people who do not speak English would be able to comprehend the policy’s terms. It also expressed scepticism about the effectiveness of opt-out clauses, stating that even legally trained individuals find such policies difficult to understand.

Describing the alleged data practices as potentially exploitative, the court said it would not allow private information to be taken without genuine and informed consent from users.

The Chief Justice also cited a personal example, suggesting that users often begin seeing advertisements shortly after exchanging sensitive messages on WhatsApp, such as medical conversations, raising questions about how user data is being utilised.

Arguments from government and Meta

Appearing for the government, Solicitor General Tushar Mehta criticised WhatsApp’s data-sharing practices, calling them exploitative and commercially driven. In response, the Chief Justice said that if companies cannot operate in line with constitutional values, they should not do business in India.

Senior advocates Mukul Rohatgi and Akhil Sibal, appearing for Meta and WhatsApp, countered the allegations by asserting that all WhatsApp messages are end-to-end encrypted and that the company cannot read message content.

Background of the case

In November 2024, the CCI ruled against WhatsApp over its 2021 privacy policy, holding that the company had abused its dominant market position by effectively forcing users to accept the updated terms.

The watchdog objected to WhatsApp making continued access to messaging services conditional on permitting data-sharing with other Meta platforms, leading to the imposition of a ₹213 crore fine. Meta has deposited the penalty.

In January 2025, Meta and WhatsApp challenged the CCI order. Later, in November 2025, the law tribunal lifted a five-year restriction on data-sharing while maintaining the financial penalty.

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