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Triple talaq violates Indian Constitution and Rights of Women: Allahabad High Court

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A Muslim Woman with her child (representational Image), VOA

Lucknow, May 9, 2017: The Allahabad High Court on Tuesday ruled that triple talaq was a violation of the Indian Constitution and that the rights of women cannot be violated in the name of personal law.

The court’s ruling came as it heard a case filed by a Muslim woman from Varanasi, with regard to harassment for dowry followed by a triple talaq by her husband Aqeel Jameel.

A single judge bench of Justice S.P. Kesarwani also refused to quash the dowry case as demanded by Jameel, who contended that he has divorced his wife and also procured a ‘fatwa’ in this regard by the Darul Ifta Jama Masjid in Agra.

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The court also ruled that the summon to the husband by the Varanasi Additional Chief Judicial Magistrate was valid on the grounds that prima facie the case was a criminal one as any fatwa did not enjoy the backing of law or have a legal sanctity.

No personal law is above the Constitution and triple talaq was a violation of the fundamental rights given to citizens under the Constitution’s Articles 14, 15 and 21, the court said. The court also said that any fatwa that is against law cannot be accepted. (IANS)

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Aarushi Talwar Murder Mystery : Vishal Bhardwaj Calls the Verdict a ‘Victory of Cinema’

Vishal Bhardwaj had written and co-produced the Konkona Sharma starer "Talvar" on the murder of the teenage girl from Noida

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Vishal Bhardwaj
Film Director Vishal Bhardwaj. Wikimedia

Mumbai, October 13, 2017 : Vishal Bhardwaj says because of “Talvar”, which he wrote and co-produced, the Aarushi Talwar murder case and its various investigation theories came to limelight once again. On the acquittal of the teenage girl’s parents in the case, the filmmaker says it’s a victory of cinema.

The Allahabad High Court on Thursday acquitted Rajesh and Nupur Talwar.

 “I think there is no better victory of cinema than this as it has made impact like this and that exactly what we wanted. It is amazing news and we are so happy for the family, and especially the parents, but the saddest part is that we can’t bring back their nine years in which they struggled to get justice. It’s also a big victory of the Indian judicial system,” Vishal Bhardwaj said.
Asked if the film generated any kind of awareness among the audience, Bhardwaj said: “I think because of our film, their case came to limelight at least for some period of time because earlier things which were under surface came into public eye with our film. In the investigation, there were many aspects which were doubtful and in our film, we took neutral stance and we didn’t take anyone’s side.

“We showed what happened in investigation and what proceedings were carried out by both investigating agencies that was Delhi Police and CBI in the film. So in the outcome, it made things pretty clear”

Vishal Bhardwaj was present for the opening ceremony of the Jio MAMI 19th Mumbai Film Festival here along with actress Konkona Sen Sharma, who acted in the 2015 movie directed by Meghna Gulzar.

Konkona said: “Its fantastic news. It’s really a shame that it took us nine years for their innocence that has been proven. Its tragedy is also that we still don’t know who the killers of Hemraj (house help) and Aarushi are but I am very happy for Talwars.”

Actor Sohum Shah, who also featured in the movie, said in a statement: “Before commencing the shoot, I was very confused and curious about this case. I wanted to know the truth but I didn’t want to create an opinion sitting at home. We tend to make an opinion by seeing the TV or believe loose talk. I didn’t want to do that. I wanted to know the truth.

“I am very happy because somewhere or the other they are saved from injustice. I hope that the crimals are caught as soon as possible and the law gives them a harsh punishment.” (IANS)

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Muslim Man Divorces Twelve Wives, Murders the Thirteenth; How Safe are Married Muslim Women under the Religious Law?

How is the government planning to protect the married Muslim women in the country, who are often desolated by their husbands?

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MUSLIM MAN
How safe are Muslim women? Wikimedia

Uttar Pradesh, October 9, 2017: Whoever said the number thirteen is unlucky was right. A horrific case of a Muslim man brutally murdering his wife has now come forward.

According to reports, police have arrested Mohammad Mustkeem, a resident of Raebareli, a small town in northern India’s Uttar Pradesh after he allegedly murdered his 13th wife.  While cases of murders within marriages are not new, this particular case is extremely peculiar.

Mustkeem is a practising Muslim and had been married thirteen times. While he had divorced all his former twelve wives, the thirteenth wife was cruelly hacked to death.

The victim and Mustkeem had been married for over four years and also had a three-month-old child. However, the two were believed to fight a lot, because of which Mustkeem had been contemplating another divorce.

But before the 13th divorce could happen, the victim went missing, which created alarm in the Pure Kale Khan locality in the district. Upon search, her body was recovered from the fields near Chulamau village in the district.

According to the police, the victim’s body bore several injury marks that indicate that she had been tortured and strangled to death.

Consequently, the police arrested Mohammad Mustkeem on charges of murdering his own wife.

While no official information has been obtained as of now, locals believe Mustkeem was planning to re-marry for the fourteenth time and had even sought a bride.

While we condemn the victim’s murder, the case involving Mustkeem and his multiple wives has once again brought Triple Talaq under the spotlight, which had been rife in the country till the past few weeks.

Before the verdict was announced on the declaration of Triple Talaq as unconstitutional, census figures revealed that for every Muslim man divorced in India, four Muslim women had been previously divorced. This is also evident from Mustkeem and his former 12 wives.

As per the law, Muslim men could divorce their wives for any possible trivial reason. By contrast, the woman was expected to almost always avail the husband’s consent for a divorce. This robbed women the right to have a say, and to have a secure livelihood and instead granted men the permission to blatantly indulge in matrimony, which is evident from Mustkeem’s life.

While a constitutional ban on the practice has gathered mix responses, the question remains how the change will seep down to the very roots of the society. And how is the government planning to protect the married Muslim women in the country, who are often desolated by their husbands? Until then, cases like Mustkeem and his twelve divorced wives can be expected to continue making headlines.

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Indian Muslim Should Embrace The Triple Talaq Verdict, As It Outlaws the Radical Religious Side

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End of Triple Talaq. IANS

by Frank F. Islam

Sep 21, 2017 (IANS): On August 22, the Supreme Court ruled that triple talaq — the practice which allows a man to divorce his wife instantly by saying the word talaq thrice — is unconstitutional. Predictably, the ruling was denounced by a number of Muslim leaders and organisations. Some interpreted it as an attack on their religion and way of life. Others saw a conspiracy angle in the importance given to an issue.

This perspective is desperate and distorted. This perspective is not only wrong but also wrong-headed, misplaced and misguided.

I applaud this judgement because I strongly believe that Muslim instant divorce is illegal and incorrect in many ways. Instant divorce is deplorable, disgraceful and shameful. In addition, it is demeaning, demonising, disheartening and demoralising to Indian Muslim women.

Most importantly, as one of the judges pointed out, triple talaq is against the basic tenets of the Quran. Recognising this, many Islamic countries, including two of India’s large Muslim neighbours — Pakistan and Bangladesh — have abolished the practice.

In addition, it is unconscionable to think that a man should be allowed to banish a woman to whom he is married — who is also the mother of his child or children, in many cases — by uttering a word three times, with no consequences. Triple talaq is also inherently discriminatory in that only a man has that “right” — a Muslim woman cannot end the marriage in a similar way.

Also Read: One India, One Law: End of Triple Talaq 

Over the years, some Muslim organisations have rationalised triple talaq by arguing that divorce rates within their community are quite low compared to other religious groups. It affects less than a third of a per cent of Muslim women, they argue. This is neither a sound legal nor moral argument. Even if one concedes that instant divorce affects only a minuscule population, injustice should never have legal sanction, regardless of how many people are affected.

The triple talaq ruling, the result of a decades-long campaign by women’s rights groups, was a historic verdict. With the stroke of a pen, the judges made illegal a practice that over the decades has ruined the lives of countless Indian Muslim women.

In the absence of a comprehensive study among Indian Muslim women, it is not known how many of them have been divorced in this manner. A 2013 survey of Muslim women in 10 Indian states by the Bharatiya Muslim Mahila Andolan, an advocacy group that fights for the rights of Indian Muslims, found that triple talaq was the most common mode of divorce among those surveyed.

Of the 4,710 women sampled in the survey, 525 were divorcees. Of them, 404 were victims of triple talaq. More than 80 per cent of them did not receive any compensation at the time of divorce.

Two of the five judges that delivered the triple talaq judgment differed on the constitutionality of practice. The bench was in unanimous agreement, however, in asking the government to enact within six months legislation to govern Muslim marriages and divorces.

India’s justice system has numerous drawbacks. It often takes decades for courts to deliver justice. In this instance, the Supreme Court should be applauded for delivering a correct judgment in a timely manner.

The ball is now in the government’s court. It is up to people’s representatives to come up with policies that will change the lives of Muslim women for the better.

Equitable legislation on Muslim marriages and divorces should be just the starting point. The central and state governments must craft policies that empower women belonging to all castes, creeds and religions. Such policies should focus on educating women, developing their skills and making them part of the work force. Empowerment of this type will allow them to pursue and create their own destiny. It will lead to financial independence. In addition, it will promote the security and stability of women and will build their self-esteem and confidence.

India’s Muslim community should embrace the Supreme Court verdict. They should join together to say: End triple talaq. End triple talaq. End triple talaq. They should leverage the verdict as an opportunity to advocate for and bring about much-needed reforms related to women’s rights. (IANS)