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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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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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8 Tamil Nadu engineering students killed in Kerala car-lorry crash

Eight engineering students from Tamil Nadu were killed after their car collided with a parked lorry on NH-66 in Kerala’s Thrissur district.

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Eight engineering students from Tamil Nadu were killed after the car they were travelling in crashed into a parked lorry on NH-66 in Kerala’s Thrissur district late Friday night, police said.

The accident took place at around 11.40 pm at Panambikkunnu in Kaipamangalam. The students were travelling from Guruvayur towards Kodungallur when their car collided with the rear of the lorry.

What happened in the Thrissur accident

According to the FIR, the lorry was parked illegally on the right side of the highway near a barricaded section where traffic had been diverted because of ongoing construction work.

Police said the car was travelling at high speed and its driver apparently failed to notice the diversion barricade before the vehicle crashed into the rear of the lorry.

The lorry was registered in Maharashtra.

Six students died at the accident spot, while two others were declared dead on arrival at a nearby hospital, police said.

Six victims identified

The victims were students of an engineering college in Dindigul and were travelling towards Kodungallur along NH-66.

Police have identified six of the eight victims. Four of them — Surya, Yuvasanjith, Vishva and Johua — were from Dindigul. The other two identified victims were Santhosh and Prasanna from Madurai.

The identities of the remaining two students are yet to be confirmed.

Residents, fire and rescue personnel and police took part in the rescue operation and pulled the students from the badly damaged car. The bodies were subsequently taken to the mortuary of Thrissur Medical College.

Case registered against lorry driver

Kaipamangalam police have registered a case against the lorry driver under Section 105 of the Bharatiya Nyaya Sanhita for culpable homicide.

Police said the driver went into hiding shortly after the accident.

The families of the victims were contacted using student identity cards recovered from the bodies. Police said some families were unaware that their children had travelled to Kerala.

Postmortem examinations will begin after the families reach Thrissur Medical College, police said.

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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