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Sri Lankan Muslims speak of tragedies back home

Sri Lankan Muslims and supporters protested outside the UN against the recent violence targeting their community

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Sri Lankan Muslims and supporters protested outside the UN. IANS
Sri Lankan Muslims and supporters protested outside the UN. IANS
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Sri Lankan Muslims and supporters protested outside the UN against the recent violence targeting their community, and for some of them it had been an intimate family tragedy.

While participating in the demonstration of about 250 people, on Wednesday, they narrated to IANS the harrowing moments they went through as they helplessly shared the trauma in real time over the phone with their families as the relatives were besieged by mobs during the riots.

Munir Salim’s parent’s home was destroyed and car set ablaze by a rampaging mob in Welekada Ambalateena near Kandy on March 7, and his elderly parents and his sister with her five children barely managed to survive only because the rioters could not break the main door.

Pakistan-protest
Protest against violence and injustice. (VOA)

But they set fire to the second floor of the house, where his sister lived, said Salim, who is the president of the Sri Lanka Muslim Association of New Jersey. His sister fled downstairs with her children and survived with her parents, he added.

“I was feeling helpless talking to my parents when they first told me how they were throwing stones at our house and setting fire to the mosque and the shops in the area,” he said.

The rioters then moved away for a while seeking other targets, then returned to set the fire to the house and the properties as he was calling them back, he said.

The houses of two of his aunts nearby were also attacked and his cousin had to carry his paralysed mother as they fled for their lives, he said.

There were two deaths, injuries to dozens of people, hundreds of houses and businesses destroyed and several mosques damaged during the riots that started on February 26 and continued till March 10. Sri Lanka imposed a State of Emergency and deployed troops to quell the violence.

For Shihana Mohamed it was a heartbreak, listening over the phone as her family’s history of living harmoniously in the Kandy area for more than a thousand years, unraveled on March 6, she said.

She told IANS that her sister-in-law fractured her leg while fleeing the fury of the mob that attacked her brother’s house, destroying it and burning his car in Kengalla, also near Kandy.

Also Read: A proposed bill criminalising triple talaq, now empowering Muslim women

Her 83-year-old bedridden uncle’s house was also attacked, she said, and his family had to carry him to safety. As she was hearing about the attacks on her phone, she said that she wept and then desperately called diplomats asking for help. While the attacks were taking place, the security personnel stationed nearby did not intervene, she said.

Mohamed said that while the attackers were Sinhala extremists, there were other Sinhalas who came to the aid of Muslims at risk to themselves.

The Sinhala family next to her brother’s house tried to intervene, but the mob over-ran them, while a Sinhala neighbour stopped the rioters from burning down her house, even though they managed to break the windows, she said. Her uncle was protected initially by a Sinhala, she said. In another instance of communal amity, she said a Tamil family sheltered her sister-in-law, who had broken her leg.

For her family this was the second setback. During riots in 1989, which were not overtly communal but more political, her family’s properties were destroyed and they had to rebuild home and business.

Also Read: Muslim women can now travel for Haj without Mahram

The Association of Sri Lankan Muslims in North America (Tasmina), which organised the protest, demanded that the UN intervene and hold the Sri Lankan government responsible for bringing the rioters to justice and protect minorities.

Ghazzali Wadood, who was one of the protesters, said, “It is the ultra-nationalists who are responsible for the attacks. The government should take action against the politicians behind the attacks.” IANS

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For Plea Against Polygamy Supreme Court Takes Centre’s Response

personal laws must meet the test of constitutional validity and constitutional morality

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The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India.
The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India. Flickr

The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud issued the notice to the Centre and tagged the plea with similar petitions pending before it.

The fresh plea filed by Women Resistance Committee Chairperson Nazia Ilahi Khan, a practicing advocate at the Calcutta High Court, has challenged the practice of polygamy, ‘nikah halala’, ‘nikah mutah’ (temporary marriage among Shias) and ‘nikah misyar’ (short-term marriage among Sunnis) on the grounds that these were violative of the Constitution’s Articles 14, 15 and 21.

Under ‘nikah halala’, if a Muslim woman after divorce by her husband three times on different instances, wants to go back to him, she has to marry another person and then divorce the second husband to get re-married to her first husband.

“Declare the dissolution of the Muslim Marriages Act, 1939 unconstitutional and violative of Articles 14, 15, 21 and 25 of the Constitution in so far as it fails to secure for the Indian Muslim women the protection from bigamy which has been statutorily secured for Indian women from other religions,” said her plea filed through advocate V.K. Biju.

The apex court has been hearing pleas filed by Sameena Begum, Nafisa Khan, Moullium Mohsin and BJP leader and advocate Ashwini Kumar Upadhyay on the issue.

Article 14 guarantees equality before law, Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth and Article 21 guarantees protection of life and personal liberty.

Telling the court that though different religious communities are governed by different personal laws, Upadhyay had contended that “personal laws must meet the test of constitutional validity and constitutional morality in as much as they cannot be violative of Articles 14, 15, and 21”.

Pointing to the “appalling” affect of polygamy and other such practices on the Muslim women, senior counsel Mohan Parasaran had earlier told the apex court that the 2017 judgment holding instant ‘triple talaq’ as unconstitutional had left these two issues open and did not address them.

Polygamy, Man along with his 5 wives
Polygamy, Man along with his 5 wives. Flickr

A five-judge Constitution Bench headed by then Chief Justice J.S. Khehar (since retired), by a majority judgment in 2017, had said: “Keeping in view the factual aspect in the present case, as also the complicated questions that arise for consideration in this case (and, in the other connected cases), at the very outset, it was decided to limit the instant consideration to ‘talaq-e-biddat’ or triple talaq.

Also read: Goa Common Civil Code forbids neither Oral Divorce nor Polygamy among Muslims: Governor

“Other questions raised in the connected writ petitions, such as polygamy and ‘nikah halala’ (and other allied matters), would be dealt with separately. The determination of the present controversy may, however, coincidentally render an answer even to the connected issues.” (IANS)