New Delhi: Noting that Muslim women are at a disadvantage under the Muslim Personal Law with no safeguard against arbitrary divorce and polygamy, a Supreme Court bench has urged the Chief Justice of India to constitute an “appropriate bench” to examine the validity of such practices saying that it amounts to the violation of women’s fundamental rights.
According to reports, the Apex court is set to thoroughly analyze the Muslim Personal Law and is considering a ban on Polygamy and Triple Talaaq system in a bid to end the alleged gender bias.
A bench of Justices Anil R Dave and A K Goel ordered registration of a Public Interest Litigation and for putting it up before the new bench to deal with the issues related to the challenge to the Muslim Women (Protection of Rights on Divorce) Act.
The bench noted the issue was not merely a policy matter but “concerns the fundamental rights of the women guaranteed under the Constitution.”
The issue cropped up during the hearing of a matter related to Hindu Succession (Amendment) Act and the bench noted that “an important issue of gender discrimination which though not directly involved in this appeal has been raised by some of the counsel for the parties which concerns rights to Muslim women. Discussions on gender discrimination led to this issue also.”
“It was pointed out that in spite of guarantee of the Constitution, Muslim women are subjected to discrimination… There is no safeguard against arbitrary divorce and second marriage by her husband during the currency of the first marriage, resulting in a denial of dignity and security to her,” it noted.
“For this purpose, a PIL be separately registered and put up before the appropriate Bench as per orders of the Chief Justice of India.
“Notice be issued to learned Attorney General and National Legal Services Authority, returnable on November 23, 2015. We give liberty to counsel already appearing in this matter to assist the Court on this aspect of the matter, if they wish to volunteer, for either view point,” the court said.
Tens of thousands of Malaysian Muslims rallied Saturday in Kuala Lumpur against any attempt to strip the ethnic Malay majority of its privileges, in the first massive street gathering since Prime Minister Mahathir Mohamad’s alliance won a historic vote in May.
The rally, backed by the country’s two largest opposition Malay parties, was initially aimed at protesting a government plan to ratify a U.N. treaty against racial discrimination. Critics allege that ratifying the treaty would end Malay privileges under a decades-old affirmative action policy. The plan to ratify was eventually abandoned, but organizers decided to proceed with what they called a “thanksgiving” rally.
Rare racial clashes
Racial clashes have been rare in multiracial Malaysia since deadly riots in 1969. A year later, Malaysia instituted a preferential program that gives Malays privileges in jobs, education, contracts and housing to help narrow a wealth gap with the minority Chinese. Ethnic Malays account for nearly two-thirds of the country’s 32 million people, with large Chinese and Indian minorities.
Saturday’s rally came less than two weeks after more than 80 people were arrested in a riot at an Indian temple in a suburb outside Kuala Lumpur. The government was quick to stress that the violence was the result of a land dispute and was not a racial riot. Still, the government warned Saturday’s rally-goers not to make any provocative statements that could fan racial tensions.
Mahathir said the government allowed the rally as part of democracy, but warned against any chaos. The rally was held under tight police security, but ended peacefully after rain started to fall.
Former Prime Minister Najib Razak, who has been charged with multiple counts of corruption, was among opposition lawmakers at the rally.
In the streets, 55,000
Police said there were at least 55,000 people on the streets. Many wore white T-shirts and headbands with the words “Reject ICERD,” referring to the U.N. treaty, the International Convention on the Elimination of All Forms of Racial Discrimination.
The protesters gathered at three locations before marching to a nearby historic square, chanting “Long live the Malays” and “Crush ICERD.”
“Yes, we did not ratify ICERD, but we are still here to say that we are still against it,” said shopkeeper Rosli Ikhsan. “Even if the government has said they won’t endorse it, we are still protesting with all our might from all of Malaysia.”
Mahathir’s new government won a stunning victory in a May 9 general election amid anger over a massive corruption scandal involving Najib and his government, but many Malays still support Najib’s party, the United Malays National Organization, and the Malaysian Islamic Party, which controls two of the country’s 13 states.
Some analysts say Najib and his party were using the rally to shift attention away from corruption charges against Najib, his wife, his party’s president and former government officials.
“For me, ICERD is bad,” university student Nurul Qamariah said at the rally. “It’s bad because it will erode the position of Malays. This is a country for Malays. We want Malays to be superiors, but why do these people want to make Malays the same level as Chinese and Indians?” (VOA)