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India: Shayara Bano seeks to ban the unruly practice of Muslim ‘Taalaq’ through Supreme Court

A woman from Uttarakhand has petitioned SC to ban triple Talaq, Polygamy and nikah halala

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Shayara Bano- Benarnews

A soft-spoken woman, Shayara Bano is an unlikely poster girl for feminism.

But the 35-year-old’s petition in India’s Supreme Court seeking a ban on a practice that is outlawed in several countries – whereby a Muslim man can divorce his wife just by uttering the word “talaq (divorce)” three times – has put her at the forefront of a movement seeking to bring equal rights to women in a largely male-dominated Muslim society.

Triple talaq- www.secularism.org.uk
Triple talaq- www.secularism.org.uk

“I am no crusader. I just don’t want more women to undergo the pain and torture that I have had to face,” Bano told BenarNews from her parental house in Terrai in north India’s Uttarakhand state, about 250 km (155 miles) from Delhi.

In her petition filed in March, Bano sought a complete ban on triple talaq, polygamy and nikah halala – where a divorced woman has to marry another man and then divorce him to remarry her former husband.

Bano said these practices should be deemed illegal and unconstitutional as they violate Articles 14 (equality before law), 15 (prohibition of discrimination on the basis of religion, caste, sex, place of birth), 21 (protection of life and personal liberty) and 25 (freedom of conscience and free profession, practice and propagation of religion) of the Constitution.

In India, where nearly 180 million Muslims constitute the largest minority in the country, there is no single civil law code for all of its 1.25 billion citizens. Muslim personal law is governed by the All India Muslim Personal Law Board (AIMPLB), which has resisted attempts to modernize its ostensibly Sharia-based laws and has vowed to challenge Bano’s petition.

According to Tahir Mahmood, former chairman of the National Commission for Minorities, the practice of tripletalaq is an aberration that finds no mention in the Quran or Sharia. It is banned or not practiced in several Muslim countries, including Algeria, Iran, Malaysia, Tunisia, Turkey and Pakistan.

Even as Muslim rights activists and women’s groups from across the country are voicing support for Bano, the Supreme Court has given the Indian government and the AIMPLB until early May to respond her petition.

Dreams crushed

Bano, who holds a master’s degree in sociology, said she dreamed of becoming a teacher until she was deemed a suitable match for Rizwan Ahmed, a real estate agent from Allahabad, Uttar Pradesh state, in 2002.

“He crushed all my dreams,” Bano said. “He wouldn’t even let me step out of the house, leave alone take up a job.”

Following the birth of her son, Irfan, 13, and daughter Muskan, 11, Bano said her husband forced her to undergo seven abortions. “This obviously took a toll on my health.”

In April 2015, Bano’s parents brought her, along with her two children, back to their house to help her recuperate.

“Three months later, my husband came. He took both my kids with him, saying he will come back for me. Since then, his phone has been switched off. I haven’t heard from him or my children,” Bano said.

On Oct. 10, Bano received a letter by post. “In it, my husband had written the sentence, ‘I hereby divorce you’ three times. The letter was signed by him and two other men, who are considered as witnesses to the divorce,” she said.

“I am worried for my children. I don’t know where or how they are. If they are going to school or not, if they are eating properly or not,” Bano said, as she broke down.

While she has been called “un-Islamic” by some sections of the Muslim society for challenging age-old practices of the religion, Bano is aware her “fight ahead is a long and hard one,” but she is ready for it.

“I will not back down. What is happening to Muslim women here is wrong. Things need to change now,” she said.

Demand for codified Muslim personal law

In a 2013 survey of 10 Indian states by the Mumbai-based Bharatiya Muslim Mahila Andolan (BMMA), a group working to empower Muslim women, an overwhelming majority wanted Muslim personal law to be codified.

Of the 4,320 Muslim women interviewed, 92.1 percent said they wanted the practice of unilateral oral triple talaq abolished. About 93 percent wanted a mandatory arbitration period before divorce. More than 91 percent were against polygamy.

Last November, the group released a report chronicling some 100 cases of triple talaq.

BMMA founder Zakia Soman said that over the years, the group had come across “thousands of cases of triple talaq,” some even by way of Facebook and Skype, rendering the women destitute.

Last year, a high-level government committee set up to review the status of women in India recommended a ban on the practice of triple talaq and polygamy, saying such practices render “wives extremely vulnerable and insecure regarding their marital status.”

The Supreme Court has directed the government to submit this report, which has not been made public, on the next date of hearing. An exact date has yet to be fixed by the apex court.

Muslim board against change

The AIMPLB, however, has made clear it wants no changes to the Muslim personal law.

On April 18, the AIMPLB unanimously passed a resolution with called for “non-interference by courts and government in matters of Muslim personal law,” board member Zafaryab Jilani told reporters, adding that the resolution has been sent to Prime Minister Narendra Modi.

Asma Zehra, another AIMPLB member, was quoted by BBC that Modi’s Hindu nationalist Bharatiya Janata Party (BJP) was focusing on the issue of triple talaq “basically because they want to interfere in our religion” so they can introduce a uniform civil code.

Back in Uttarakhand, Bano is mentally preparing herself for the legal battle ahead. “Right now, my only focus is to fight for my rights and my children.

“I have undertaken a mission that requires courage. I get that courage whenever I think of my children. I am certain change is just around the corner.”(Benar News)

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India Demands Data on UN Staff Misconduct, Use of Immunity

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India has demanded the secretariat disclose information about misconduct by UN staff. Flickr

United Nations, Oct 7: In an attempt to break the wall of silence around the crimes and UN staff misconduct and those on its assignments, India has demanded the secretariat disclose information about such cases and the immunity invoked against prosecutions.

Yedla Umasankar, the legal advisor in India’s UN Mission, touched a raw nerve here by criticising the UN on Friday for not vigorously following up allegations of serious wrongdoing by its employees who enjoy the equivalent of diplomatic immunity, a prized possession of its staff.

“It appears that the UN system itself may be reluctant to waive immunity even for serious misconduct carried out by its personnel while serving on its missions, so that such cases can be prosecuted by the host governments,” he told the General Assembly’s committee on legal affairs.

“Even a few of such instances or allegations of crimes committed by UN personnel is highly damaging for the image and credibility of the United Nations system and its work around the world,” he added.

His statement also touched on the practice of some countries that protect their wrongdoers at the UN.

Umasankar demanded that secretariat disclose how many cases of serious misconduct by UN personnel were registered and the number of cases where the UN refused to waive immunity to allow their prosecution.

He also wanted to know in how many cases the host country wanted the immunity waived so it can prosecute those accused; the number of times the UN asked the host country or the country that sent them to prosecute them; how many times it consulted countries before waiver of the immunity of their personnel and how many of them refused UN’s request to waive their citizens’ immunity.

The information he wanted does not cover the diplomats sent by member countries to represent them at UN bodies and enjoy diplomatic immunity with the nations hosting the UN facilities.

After scores of serious allegations of sexual misconduct by peacekeepers, especially exploitation of children, the UN vowed to uphold a policy of zero tolerance and began publishing data on such cases in peacekeeping operations including how they were dealt with.

Starting with the year 2015, it began identifying the nationalities of those accused.

However, it has not made public a roster detailing all the allegations and proven cases of serious misconduct across the entire UN.

While the focus has been on sexual exploitation and abuse reported on peacekeeping operations, Umasankar said that “at a broader level, the issue of accountability has remained elusive in some cases”.

He attributed it to “the complexities of legal aspects relating to sovereignty and jurisdiction”, the immunity or privileges that may be necessary for UN operations, and the capability or willingness of countries to investigate and prosecute the accused.

He noted that the UN itself cannot make criminal prosecutions.

While Indian laws has provisions for dealing with crimes committed abroad by its citizens, not all countries have them, he said.

Those countries should be encouraged and helped to implement such measures, he added. (IANS)

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Indo-Pak Peace Talks Futile Unless Islamabad Sheds Links with Terrorism, says Study

A Study by a U.S. think tank calls India and Pakistan talks futile, until Pakistan changes its approach.

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India and Pakistan
India and Pakistan. Wikimedia.

A Top United States of America (U.S.) think tank, Carnegie Endowment for International Peace called the relations between India and Pakistan futile, unless Islamabad changes its approach and sheds its links with Jihadi terrorism.

A report “Are India and Pakistan Peace Talks Worth a Damn”, authored by Ashley J Tellis stated that such a move supported by foreign countries would be counterproductive and misguided.

The report suggests that International community’s call for the India and Pakistan talks don’t recognize that the tension between the two countries is not actually due to the sharp differences between them, but due to the long rooted ideological, territorial and power-political hatred. The report states that these antagonisms are fueled by Pakistani army’s desire to subvert India’s powerful global position.

Tellis writes that Pakistan’s hatred is driven by its aim to be considered and treated equal to India, despite the vast differences in their achievements and capabilities.

Also ReadMilitant Groups in Pakistan Emerge as Political Parties : Can Violent Extremism and Politics Co-exist? 

New Delhi, however, has kept their stance clear and mentioned that India and Pakistan talks cannot be conducted, until, the latter stops supporting terrorism, and the people conducting destructive activities in India.

The report further suggests that Pakistan sees India as a genuine threat and continuously uses Jihadi terrorism as a source to weaken India. The report extends its support to India’s position and asks other international powers, including the U.S., to extend their support to New Delhi.

Earlier in September, Union External Affairs Minister Sushma Swaraj in the United Nations General Assembly (UNGA) slammed Pakistan for its continuous terror activities. She attacked the country by saying that India has produced engineers, doctors, and scholars; Pakistan has produced terrorists.

Sushma Swaraj further said that when India is being recognised in the world for its IT and achievements in the space, Pakistan is producing Terrorist Organisations like Lashkar-e-Taiba. She said that Pakistan is the world’s greatest exporter of havoc, death and inhumanity.

-by Megha Acharya  of NewsGram. Megha can be reached at @ImMeghaacharya. 

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Delhi University Students Win the Enactus World Cup 2017

India wins the Enactus World Cup 2017

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Delhi University
India wins Enactus World Cup 2017. Twitter.

New Delhi, Sep 30: After an extremely tough competition between different students across the world in the Enactus World Cup 2017, Team India, represented by Shaheed Sukhdev College of Business Studies (SSCBS), Delhi University emerged as the winner. The winning projects were project UDAAN and Mission RAAHAT.

Supporting the Government of India’s Digital India and Swachh Bharat Abhiyan mission, RAAHAT strives to effectively eliminate open defecation and provide safe sanitation in the urban slums; whereas, UDAAN aims at narrowing the digital divide between rural and urban India by setting up computer centres.

The Delhi University college team was led by the college’s faculty advisor, Anuja Mathur and student president of SSCBS Student President Aditya Sharma. The winning projects included 34 more members. The Enactus India and Enactus SSCBS were presented the Ford Better World Award of USD 50,000.

Also Read: Three Indian Women on Fortune’s Most Powerful Business Women

President and Global CEO, Enactus, Rachael A. Jarosh congratulated the Indian for winning the world cup and called the projects- RAAHAT and UDAAN, inspirational success stories of Enactus students, who are sowing businesses. She said that the projects address the real world challenges efficiently and innovatively. Enactus India President Farhan Pettiwala said that the two projects created by Delhi University students contribute to the country’s betterment, as they support the Government’s civil and social agenda.

Enactus is an international nonprofit organisation, with 72,000 students from 1,700 universities in 36 countries, which held its annual global event in London from September 26 to 28. A selected group of 3,500 students, business, government leaders and academicians across the globe were present at the event. Participants for the final competition round are qualified from over 72,000 university students. Each team has about 17 minutes to present their projects of entrepreneurial action.

Enactus works to nurture the entrepreneurial skills of students, and to address fundamental, social and economic challenges by developing innovative and experiential learning opportunities for students.

-by Megha Acharya of NewsGram. Megha can be reached at @ImMeghaacharya.