SACW | 3 Jul 2004

[Harsh Kapoor]

South Asia Citizens Wire    |  3 July,  2004
via:  www.sacw.net

[1]   Pakistan: Peshawar attacks threaten civil 
liberties (Human Rights Commission of Pakistan)
[2]   Bangladesh: Arrested militants - No more 
hide-and-seek, please? (Edit, The Daily Star)
[3]   India: Surgery time, Dr Singh (Praful Bidwai)
[4]   India: The Dirty Politics Behind Babri Mosque Demolition (Arun Rajnath)
[5]   India:  Arguments against Triple Talaq
[6]   India: Hindutva fanatics attack Newspaper 
in Bombay (Sabrang - Alert for action)
[7]   India: Pro-Gay Movement Gathers Steam (Rahul Verma)


--------------

[1]

Human Rights Commission of Pakistan

Press Release

PESHAWAR ATTACKS THREATEN CIVIL LIBERTIES

Lahore, 2 July 2004 :
LAHORE, July 2, : The raid by a provincial 
minister of the Muttahida Majlis-e-Amal (MMA) 
government, along with police, on at least a 
dozen private homes in Peshawar, on the grounds 
that 'immoral activities' were taking place 
there, amounts to a highly dangerous infringement 
of the  basic liberties, privacy and self-respect 
of citizens.

The reports that several individuals, a number of 
them women, have been detained after the raids 
are all the more disturbing. It has not been 
mentioned what crime these persons may have been 
involved in, or why a high-profile raid was 
carried out against them.

The incident comes as a part of a rising 
environment of repression and harassment in the 
NWFP. Reports of efforts to muzzle dissent and 
prevent discussions on issues of crucial national 
significance, are also extremely alarming.

The situation is one that poses immense threats 
to activists, and indeed all citizens. It is 
crucial that the authorities take action under 
the law to protect people from unlawful 
intimidation and intervention in their lives, as 
well as to protect those speaking out for the 
rights of vulnerable groups, including women and 
non-Muslim citizens.

Tahir Mohammad Khan                                Hina Jilani
Chairperson 
Secretary-general




_____

[2]

The Daily Star
July 03, 2004
Editorial

Arrested militants
No more hide-and-seek, please?
The arrest of 32 suspected Muslim militants from 
a mosque in Barguna is a fresh reminder of the 
presence of some fanatic groups who have been 
carrying on their clandestine activities for, who 
knows, how long!

The recruitment and indoctrination of youths by 
militant groups who may have been networking as 
well, is a distinct possibility that better not 
be ignored. Police suspect the arrested youths to 
be linked to the JMJB or its leader Bangla Bhai. 
If the suspicion proves to be a fact, then many 
questions would arise about the way the 
government has handled the JMJB phenomenon. It is 
really surprising that despite Bangla Bhai's 
misdeeds becoming known to people, the man is now 
being passed off as something of a fictional 
character. But what he represents or works for 
has a direct bearing on the lives of people. He 
has been accused of setting up a parallel law 
enforcing system, which couldn't have been 
possible but for the government's virtual 
reluctance to bring him to justice.

Cooperation of people is an important 
precondition for blunting the force of militancy 
of any kind. We recommend that the Imam who 
protested the militant activities and informed 
the police be rewarded for the social commitment 
and courage shown by him.

The villagers also did a good job by taking a 
firm position against the militants. Finally, the 
UNO and the OC of Barguna police station deserve 
appreciation for the prompt action that led to 
the discovery of the training camp.

There is reason to believe that such outfits 
exist in other parts of the country. If so, one 
has to conclude that catching of the militants 
has not been high on the government agenda. The 
government seems to have followed an ostrich-like 
policy which may be seen as pandering to the 
extreme right. Then the issue might have been 
sidelined by the preponderance of lawlessness in 
other areas. But the mistake of treating the 
issue of potential militancy as ordinary 
criminality can be a very costly one. We have 
already seen how the JMJB activists are swooping 
on their perceived rivals. These elements must 
not be allowed to gain further ground in our 
collective interest. It is time decisive action 
was taken against them.


_____



[3]

Hindustan Times
July 3, 2004

Surgery time, Dr Singh
The Big Idea | Praful Bidwai
July 2

In the six weeks since it was sworn-in, the UPA 
has been subjected to two sources of pressure. On 
the one hand, it has been called upon to be true 
to its electoral mandate, which is radical in 
nature and demands a Centre-Left policy stance. 
On the other, conservative forces inside and 
outside the alliance have been lobbying for 
continuity with the NDA's retrograde, Right-wing 
policies, especially in the economy.

The UPA has responded to these pressures by 
diluting its forward-looking and very worthy 
common minimum programme, and by making certain 
questionable personnel appointments in ministries 
and important bodies like the Planning Commission.

There were notable departures from the CMP's 
letter and spirit in the president's address to 
Parliament: on employment guarantee, food 
security, nutrition for children, disinvestment 
and even foreign policy. The CMP's unequivocal 
commitments were subordinated to technical 
requirements of 'phasing' and 'availability of 
resources' - as if these were unchangeable givens.

For instance, the promise of 100 days of work to 
at least one able-bodied person in "every rural, 
urban poor and lower middle-class household" was 
truncated to cover rural households alone. The 
words 'food  security' disappeared from the 
address. Similarly, the CMP's emphasis on the PDS 
was watered down. Instead of reiterating 'India's 
decades-old commitment' to a Palestinian 
'homeland' without mentioning Israel, the 
president's address speaks of the "legitimate 
aspirations of the Palestinian people", and 
stresses "important", "mutually beneficial" 
relations with Israel.

Manmohan Singh's address to the nation marked a 
welcome, long-overdue return to the discourse of 
equity, reducing disparities and putting the poor 
at the centre of policy. It was a powerful appeal 
for equality of social opportunity and social 
cohesion. But it was weak on specific schemes. 
And it was surprisingly subdued on pluralism and 
secularism, especially on combating "obscurantist 
and fundamentalist elements" (CMP). It didn't 
even mention Gujarat or Ayodhya. Singh dropped 
any reference to Palestine/Israel altogether.

It is imperative that these departures from the 
CMP - and by implication, the popular mandate - 
be reversed. Hopefully, the just-appointed 
National Advisory Council on the CMP, with some 
outstanding public-spirited members like Aruna 
Roy, Jean Dreze, N.C. Saxena and Madhav Chavan, 
will help correct course by monitoring UPA 
policies and delivering sound advice.

However, the primary onus of giving expression to 
the popular will remain on the government. Among 
the crucial steps it needs to take to promote 
'social harmony' and act against obscurantists 
and fundamentalists is a massive cleansing 
operation. This can't be confined to the field of 
education on which the UPA has taken a welcome 
initiative.

As textbooks go, the Settar Committee would do 
well to recommend the Delhi SCERT and Ekalavya 
texts for Class I-VIII in place of the Rajput-era 
new NCERT ones, while restoring the older NCERT 
books for the senior classes - as a strictly 
temporary measure to be followed in the next 
academic session by new, pedagogically attractive 
and effective books with a pluralist-secular and 
broad-minded liberal orientation. The SCERT books 
being used in Delhi government schools are 
remarkably balanced, well-written and 
pupil-friendly.

'Detoxification' must of necessity be 
wide-ranging. To start with, the UPA must stop 
dragging its feet on removing a majority of our 
states' governors. Yesterday, it dismissed only 
four of them. But the bulk of them deserve to be 
sent packing. The reason is not that all, barring 
two, are NDA appointees, but that most are 
partisan-political nominees, not known for 
sagacity, intellectual achievement, impartiality, 
experience or administrative acumen.

More than two-thirds of the 35 
governors/administrators are hardcore BJP 
leaders/sympathisers. Some, in important states, 
are outright RSS-VHP cadres, who have shamelessly 
propagated their toxic ideology and politics. 
Many egregiously endorsed the BJP during the 
recent elections. Some have shamelessly promoted 
Hindutva - e.g. through Ramkatha recitals and 
yagnas in Raj Bhawans - or interfered with 
administrative appointments.

The continuation of a majority of governors is 
incompatible with the Constitution. The UPA would 
be failing in its duty by not replacing them with 
non-partisan people of high stature and 
accomplishment. Constitutionally, the president 
has to go by the government's advice. He must 
unambiguously affirm this and set all 
apprehensions to rest.

Second, the UPA must tackle statutory bodies like 
the National Commission on Minorities, the 
National Women's Commission, the Law Commission 
and the National Human Rights Commission which 
have been packed with communally inclined, 
partisan or incompetent nominees lacking in 
integrity.

The NCM has proved obnoxiously communal. A body 
that failed to act on Gujarat, which refused to 
criticise textbooks which describe the minorities 
as a national 'problem' and which furnished 
countless apologia for hate-driven communalism, 
has no business to exist.

The BJP-packed NCW didn't cover itself with glory 
by whitewashing Gujarat's explicitly sexual 
violence - involving many more rapes than 
murders. The NCW has been less concerned with 
defending women's rights than with glorifying 
women's status in ancient India. Its response to 
M.M. Joshi's campaign to gut and destroy women's 
study centres in our universities was supine. It 
must be radically reconstituted.

The Law Commission has more Hindutva admirers 
than thoughtful jurists. The Malimath report, 
which seeks to abolish the fundamental 
'innocent-unless-proved-guilty' principle, is a 
disgrace. Scrap it. Revamp the commission. It's 
equally important to remove former CBI director 
and Advani-supporter P.C. Sharma from the NHRC. 
While respecting its autonomy, the government 
must make a special request to the NHRC chairman 
for this.

It's incomprehensible that someone like S. Jaipal 
Reddy should be dragging his feet on detoxifying 
cultural institutions and AIR-Doordarshan. As if 
the Akademis, IGNCA and the museums weren't 
packed with tent-wallahs and assorted 
philistines, 'Sindhu Darshan' has been converted 
into a Hindutva tamasha, with weird water-rituals 
and RSS shakhas by the Indus - despite Renuka 
Chowdhary's exertions. How long will Reddy and 
Chowdhary wait before ending State patronage of 
RSS-style nationalism and dismissing Sangh 
spin-doctors from DD?

The UPA must thoroughly review administrative 
appointments made at the behest of the BJP-RSS 
and certain industrial groups. It must promote 
transparency and accountability. Ultimately, the 
people will judge it by its responsiveness to 
them on gut-issues like livelihood, public 
services and law and order.

On foreign policy, there has been regrettable 
vacillation on Iraq and imbalance on Israel. The 
government just rolled out the red carpet for the 
American Jewish committee, the powerful Zionist 
organisation which lobbies for Sharon's policy of 
ending the "dream of Palestinian nationhood" (his 
own words) and annexing their land. Will the UPA 
government be equally open to receiving not just 
the PLO, but Israeli peace organisations and 
Palestinian civil society groups too? Or will it 
deny them access only because they aren't 
well-funded, unlike the Zionists?

None of this will be rectified unless Manmohan 
Singh himself seizes the initiative and sets 
direction - firmly and decisively. He alone can 
perform the necessary excision. He can set a 
terrific example. He has decided to give away the 
two obnoxiously expensive BMWs allotted to him, 
each costing Rs 1 crore. This is great.

But he should do more - by auctioning off all six 
BMWs ordered by Vajpayee & Co. to flaunt their 
power and tawdry nouveau riche self-indulgence. 
In no case should Dr Singh delay the surgery!

_____



[4]

SAN-Feature Service
SOUTH ASIAN NEWS-FEATURE SERVICE
June 30,2004

The Dirty Politics Behind Babri Mosque Demolition
By Arun Rajnath

NEW DELHI: SAN-Feature Service: The Hindu 
fundamentalist political party, BJP has filed an 
affidavit before the Liberahan Commission last 
week (June 18, 2004) denying its involvement in 
the demolition of the Babri Mosque at Ayodhya. 
But some new facts about the involvement have 
come out which prove otherwise.

However, the commission has not taken notice of 
these facts so far. The conspiracy to demolish 
the Babri Mosque was hatched by Bhau Rao Deoras, 
younger brother of the then RSS chief Bala Saheb 
Deoras. The conspiracy was carried out by 
Moropant Pingle, Ranade and Sheshadri Chari and 
supported by the then BJP Chief Dr. Murli Manohar 
Joshi along with Vishwa Hindu Parishadís Ashok 
Singhal and Acharya Giriraj Kishore.

Ranade and Sheshadri Chari actively participated 
in the sacrilege. Nobody knows about their 
involvement. They have not yet been named by the 
Central Bureau of Investigation (CBI) in court.

They were stationed at Faizabad long before the 
final action on 6th December 1992. They went 
there masquerading as businessmen dealing in 
watches.The word ëwatchí holds the key point.

Ranade was a retired naval official whereas 
Sheshadri Chari is Editor of the RSS media organ 
ëOrganizerí. Both of them went to Faizabad, and 
stayed there in a Muslim-owned ëStar Hotelí in 
the Chowk area of the city. Though at that time, 
there was a BJP government in Uttar Pradesh, and 
temple champion Kalyan Singh was chief minister, 
the RSS wanted to keep the whole exercise secret 
from opposition parties and the center.

It is a matter of great irony that a shrewd 
politician like PV Narsimha Rao was bamboozled by 
a Sadhu Baba of Ayodhya whom Rao still holds in a 
high esteem. This Sadhu Baba was under the 
influence of ultra-Hindutva forces, and misled 
and misinformed Rao about developments in 
Ayodhya. Rao played the giddy goat throughout the 
episode.

Sadhu Baba assured Rao that fascist forces were 
not going to destroy the mosque, and there was no 
necessity to send more troops to the city. Rao is 
also responsible for the sacrilege, but he has 
not been cross-examined by the commission on 
these lines.

The RSS activists (men who later demolished the 
mosque) were pouring in groups of ë17í, ë19í and 
ë21í. Their movements were controlled by Ranade 
and Chari.

When a group of 17 activists arrived at Ayodhya, 
Ranade or Chari used to call up Pingle in Nagpur 
stating ëone watch of 17 jewels has been 
receivedí. If three groups of 21 activists 
arrived, the message would be ëthree watches of 
21 jewels have been received, and they have been 
handed over to local shop.í ëLocal shopí means 
the local RSS prachaarak (preacher).

During their stay at the ëStar Hotelí in 
Faizabad, Ranade and Chari visited Ayodhya 
several times. Though Ranade did not smoke, he 
used to light a cigarette in the room of hotel so 
as to avoid suspicion.

By that time, the local vendors, prasaadwallahs, 
phoolwallahs, rikshawpullers, poojaris, etc were 
replaced by these loyal RSS activists who had 
assembled in Ayodhya under the direction of 
Moropant Pingle, Ranade and Sheshadri Chari. The 
mob of kaarsevaks (demolition-men) poured in 
openly after making Ayodhya a strong fortress.

On the D-Day, the whole Ayodhya town was full of 
demolition-men and policemen. The BJP chief Dr. 
Murli Manohar Joshi, Lal Krishna Advani, Uma 
Bharti, Vinay Katiyar, Ashok Singhal, Acharya 
Giriraj Kishore, etc were present there, besides 
Moropant Pingle, Ranade, Sheshadri Chari and 
thousands of RSS pracharaks, activists and 
volunteers.

Shiv Sena activists were also present at Ayodhya 
on the site of the Babri mosque. Nobody was 
allowed to visit the site except the 
demolition-men. Media persons were manhandled and 
detained in a temple. Only BBC chief Mark Tully 
was present there who was in the garb of a 
saadhu. Another journalist who forced entry was 
Ramakant Pandey, bureau chief of Shiv Senaís 
media organ ëSaamnaí. The Liberahan commission 
has not called them yet to record their account.

Ramakant Pandey told this correspondent that Uma 
Bharti is now denying her role in instigating the 
demolition-men to demolish the Babri mosque, but 
she did say at that timeìEk dhakka aur do, Babri 
masjid tod doî (Give one more push, turn the 
Babri masjid into pieces).

Pandey also told this correspondent that though 
Advani has stated before the commission that he 
tried to dissuade the demolition-men from 
destroying the mosque, he kept a low profile 
during the whole episode as the reins were in 
Joshiís hands. But this does not mean he was 
against the demolition. He also addressed the 
demolition-men on the site, and termed the mosque 
as a cruel memory of the past. When the whole 
episode came to an end, he expressed satisfaction 
over the issue in a close-in meeting at Ayodhya.

Initially, Lal Krishna Advani advocated the 
demolition mission under the stewardship of Joshi 
due to the interference of Bhau Rao Deoras into 
the affairs of the BJP. In fact, Bhau Rao was 
entrusted with the task to ëcontrolí Sangh 
Parivarís political wing.

But soon after Bhau Raoís demise, Advani changed 
his stance, and expressed regrets on the 
incident. He did so to desert Joshi to face the 
music. The principal aim was to make himself 
acceptable in the mainstream politics after Atal 
Behari Vajpayee.

Justice Liberahan should keep this in mind that 
the CBI has spared Advani with a definite 
political aim, besides implicating Joshi. Now it 
is up to the new government to take initiative in 
this direction.

As a matter of fact, as soon as Joshi became 
president of the BJP, Deoras-influenced RSS 
decided to reap political dividends after 
demolition of the Babri mosque. Joshi has been 
very close to the Deoras brothers. Narendra Modi, 
Vinay Katiyar, Acharya Giriraj Kishore, Ashok 
Singhal, Moropant Pingle, etc were Joshiís 
strongmen.

Narendra Modi also organized Joshiís ëBharat Ekta 
Yatraí from Kanya Kumari (Cape Comorin) to 
Srinagar in 1992. It was, apparently, a journey 
of unity, but Joshi spoke only against the Babri 
mosque, Pakistan, Muslims, etc throughout his 
itinerary. Actually, he was creating an 
atmosphere in the country against the mosque and 
Muslims with reference to Pakistan, Kashmir and 
terrorism.

Meanwhile, two incidents happened in the Sangh 
Parivar. Joshiís mentor Bhau Rao Deoras expired, 
and Advani became the party president. After 
sometime the elder Deoras also expired. This was 
the crucial point as far as the 
ëmosque-demolitioní politics was concerned.

The Liberahan commission should take this into 
account that after Rajendra Singh became chief of 
the RSS, the Sangh Parivar started denying its 
involvement in the demolition. The political 
seeds sown by the Deoras brothers and Joshi had 
turned into a tree. And it had started bearing 
fruit. It was necessary for the Parivar to search 
for a ëmaskí which could hide its hideous face. 
Vajpayee was the mask under whose pseudo 
secularism, Sangh Parivar could plunge into the 
mainstream politics.

When KS Sudershan became the chief of the RSS, 
the Sangh Parivar, Advani and his cronies like 
Uma Bharti held the mob of the demolition-men 
responsible for the incident, and pleaded 
innocence. Sudershan knew it very well that 
someday Advani has to replace Vajpayee, and it 
was necessary for Advani to keep himself 
ëcleaní.-SAN-Feature Service


______


[ Push the Indian Mullahs for change, if not 
push them aside: Arguments for the abolition the 
practice of triple Talaq ]

[5]

Mid Day
  July 2, 2004

THREE TIMES TOO MANY
by Mahmood Farooqui

Faaltu Aqal Mujhmein Thee hi Nahin
Mazhabi Bahas Maine kee hi nahin

--  Akbar Allahabadi

Some 20 years ago, I suffered great heartburn 
over being left out of an outing that was 
exclusive enough never to be repeated. All the 
women in my large joint family - the matrons, 
maids and maidens - went out together to watch a 
film. It helped that the cinema hall was 
virtually down the lane, for these were Burqa 
clad women and girls, famous for their piety.
The film they went to watch with such pilgrim like zeal was called Nikaah.
A thunderous blockbuster, one of the biggest of 
BR Chopra's many successful Muslim socials. The 
movie celebrated a golden jubilee, everywhere 
powered by the legionary throngs of Burqa-clad 
woman who returned again and again.
Very simply because it narrated the survival and 
redemption of a woman who was wrongly divorced by 
her husband, in one fell swoop. He just said 
Talaq Talaq Talaq like that, in one go, and phut 
went her fate.
Subsequently of course he repented bitterly while 
the heroine reigns supreme. The film was to be 
called Talaq Talaq Talaq but vociferous and lusty 
protests forced a change to Nikaah (what an 
eloquent opposite.) Why, obviously because if any 
God Fearing Muslim (GFM) were to say it aloud, it 
would be over.
Just like in the film. What of those GFMs who are 
reading this piece and thus saying it in their 
mind? Well, anything is possible. Why, there was 
a case of a man who wrote these words on a 
postcard and was instantly divorced. There was 
also a case of a man who condemned his wife to 
Talaq if she ever saw her father's face, and had 
to reluctantly admit to divorce even though she 
only saw her father in his coffin.
These stories are both true and false. We would 
have been able to sift them better in different 
circumstances. As it is, they provide nutritious 
fodder for the eternally green idea of Muslim 
backwardness. Retrograde laws, oppressed women, 
backwardness, religious fanaticism etc. Cries 
faltering at the rock of the Sharia's 
immutability, apparently.
Seemingly too, Nikaah succeeded because it 
portrayed a hurried and unjust divorce as a vice, 
thereby touching a raw nerve in disenfranchised 
Muslim women.
There is enough evidence to demonstrate that many 
Muslim men take undue advantage of the provision 
to oppress and otherwise deny women their rights. 
They are helped by the fact that there is no 
standard marriage certificate, the Nikaahnama, 
applicable throughout the land and in most cases, 
the subaltern classes rarely bother with one.
Thus a marriage solemnised by custom alone is 
easily annulled by the same custom that 
everywhere allows men to act with lesser or 
greater impunity.
Nikaah eschewed any suggestion of the need for 
reform in existing laws, not even something as 
obvious, in the story, as the need to allow women 
the right to divorce too.
Twenty years hence, the rock seems to have rolled 
an inch. Now even the All India Muslim Personal 
Law Board (AIMPLB), whose technical title ably 
hides its mystical provenance as well as the 
source of the omnipotent authority over matters 
it enjoys, has begun to talk about reforming the 
triple Talaq business.
This week, it is meeting in Kanpur and the board 
has both stated and denied that it shall discuss 
the issue. No doubt there is a little bit of 
coercion involved, because the 14 women members 
of the Board want to discuss women's right to 
divorce.
Even before they can do so however, the Barelvis, 
the Ahl-i-Hadees, the Ismailis, anyone with a 
stake in the status quo, are promising a civil 
war if any change is made in the Personal Law. 
Who exactly are these people? Well, they happen 
to be a few of the 72 sects Islam is supposed to 
contain, who all abide by different rulings. And 
then there are several biradaris, castes, special 
groups whose Personal Law varies with custom, 
even within Muslims.
Although the overwhelming majority in India 
consists of Sunnis, they too are divided into 
many groupings whose seemingly minute doctrinaire 
differences can induce massacres and bloodshed. 
Witness the Barelvis and the Deobandis in 
Pakistan. And then, within the Sunnis there are 
four different schools, which form the foundation 
of Islamic Jurisprudence. What they consist of, 
what the mythical Sharia consists of, are rulings 
or fatwas by theologians down the ages.
Part of the reason why the Sharia remains so 
intractable and so amenable to misinterpretation, 
by practitioners and critics alike, is because it 
does not exist as a code or a text, it inheres in 
these millions of fatwas including what one 
understands of their context and their spirit. 
There is no Church to attack, nor any tangible 
priestly class. The laws will change then, 
plausibly, as custom changes.
But do not tell that to the AIMPLB! Only tell 
them what this Muslim intellectual and eminent 
lawyer says in a recent issue of the Milli 
Gazette,
"The idea of compulsory registration of all 
marriages, if implemented, is expected to bring 
some discipline in the matrimonial law regime 
which otherwise often witnesses utter disregard 
for legal rules.
As such, it will surely help in the enforcement 
of 'principles of gender equality and 
gender-justice as in-built in the Holy Quran' - 
which one of the letters under reference aptly 
speaks about.
So will a proper codification of Muslim law 
taking into account the amazing riches of the 
noble Shariah."
How ironic that the notorious Muslim 
fundamentalist Syed Shahabuddin should be the 
writer of the letters appealing for gender 
equality to the Personal Law Board.



o o o o

Secular Perspective
July 1-15, 2004

  AFTER ABOLITION OF TRIPLE TALAQ - WHAT NEXT?

by Asghar Ali Engineer

The Muslim Personal Law Board  (MPLB) has taken bold decision
to review practice of triple talaq at one go in its next meeting in July
in Kanpur. The Board undoubtedly deserves congratulations from
all those who are committed to women's rights and had been
campaigning for this essential reform. Hundreds of Muslim women
have suffered because of this pre-Islamic practice which, came
back into Hanafi and Shafi'I Islamic law for reasons not to be gone
into here. 

It is unfortunate that the Sunni Barelvi ulama have threatened to
launch an agitation if MPLB approves of abolition of triple divorce.
They maintain that though it is bid'ah (i.e. sinful form of divorce)
nevertheless once pronounced thrice it is valid. They have stated
nothing new. It was because of this view by the Hanafis that triple
divorce was practiced so long in India though it was abolished in
most of the Muslim countries. The Barelvi threat should not deter
the members of MPLB from abolition of triple talaq though the
Board would like to evolve a consensus on the matter. It would be
better if the MPLB persuades the Barelvis to agree. 

It would be better if such consensus is worked out as Barelvis are
in majority and if they do not agree the abolition of triple talaq by
the Board may not be very effective. An overwhelming majority of
Muslims in India follow the Barelvi School. It is also important to
note that unless it takes the form of legislation it may not be
effective if triple divorce is challenged in the court of law. 

Suppose despite the MPLB abolishing it if someone pronounces
triple divorce it will remain valid in the court of law unless it is
abolished by law. Thus what MPLB has to do is to prepare a draft
and give it to the Government to enact it.  And as we have pointed
out in our last article (See Secular Perspective 16th to 30th June,
2004) such a precedent already exists and the Dissolution of
Muslim Marriage Act was drafted by the ulama led by Maulana
Ashraf Thanvi and others and enacted in 1939. 

But if such an exercise is undertaken by the MPLB it has to be
quite comprehensive. There is great need for codification of Muslim
Personal Law today. It should be done as early as possible. What
is known as Muslim personal law today, it is interesting to note was
known as either as Anglo-Mohammedan Law during the British
period or simply as Mohammedan Law and was enacted by the
British. But after independence the terminology changed and the
Anglo-Mohammedan Law, in order to wipe out its colonial stamp,
came to be re-named as Muslim Personal Law. However, its
contents did not change. 

Thus mere change in its terminology was a political act, not a
harbinger of social change as in other Muslim countries. To de-
colonise its name is not enough, one must do-colonise it content
wise as well. During the colonial period women were not supposed
to play an active role in socio-political matters, at least among
Muslims though there were exceptions like Bi Amma (Mother of Ali
Brothers) and many other women who played important role in
freedom struggle.

But now 56 years after independence much water has flown down
the Ganges and Muslim women are also in the forefront of many
social movements. They are far more conscious today than they
were during the colonial period. It is after great deal of efforts that
the MPLB has agreed to abolish triple divorce. Very important as
this measure is, it is not enough. There is crying need for a
comprehensive legislation to be drafted under the guidance of
MPLB by the ulama and Muslim intellectuals and lawyers. 

As I have often pointed out Islamic law is so progressive that it can
become basis for a Uniform Civil Code. However, conservative
Muslim society dragged the Qur'anic pronouncements to its own
level and introduced, through human reasoning many measures,
which curbed women's rights. Despite reforms in other Muslim
countries women have not got full measure of equality, which the
ulama theoretically concede. Iniquitous measures vary from country
to country, 

In Saudi Arabia, for example, women are not allowed to drive and
they are jailed if they drive. In Kuwait until recently women were not
allowed to vote and had to wage struggle for years before this right
was conceded recently. There is debate raging in Saudi Arabia as
to why women cannot drive while they can drive in other countries.
Obviously issues like driving and voting were not in existence in
early Islamic period. It is the ulama in Saudi Arabia and Kuwait
who, using their own reasoning prohibited for women. And now
women are waging struggle in these countries against these
measures and ulama are opposing it saying it is 'sin' for women to
drive or vote. 

In many other Islamic countries like Indonesia, Malaysia, Pakistan
and Iran women drive and vote without any religious constraint.
Qur'an is the only unanimous divine source for Muslims and it
remains most progressive in respect of women's rights. Ideally it
grants equality between man and woman and should be the main
source of legislation about women's rights. 

The past interpretations of the Qur'an were constrained by socio-
economic conditions and should not be binding on the present and
future generations of Muslims. All great Islamic thinkers have
repeatedly made this point and have accepted the central role of
ijtihad (creative interpretation). It is only our social conservatism,
not lack of theological sanction, which prevents our ulama from
exercising it. 

The attacks on Muslim identity by the Sangh Parivar also have
been one of the reasons for resistance to any change. These
attacks may continue and demand for Uniform Civil Code persist
and find legitimacy if there is no initiative for change. Its attacks
may even continue after such initiative. Our initiative for change is
not motivated or restrained by these attacks. It should be based on
the merit for change. Muslim women should not suffer and should
get justice. 

My plea with MPLB and concerned Muslim intellectuals is to initiate
measures for drafting a comprehensive law duly codified which will
embody the Qur'anic spirit. Triple divorce and unregulated
polygamy has often been the cause of attacks on otherwise quite
progressive Islamic personal law. Polygamy may not be abolished
completely but strictly regulated as directed by the Qur'an. In fact
both the verses on polygamy i.e. 4:3 and 4:129 should be read
together to understand the real Qur'anic intent. Even the first verse
i.e. 4:3 requires rigorous justice to all wives and ends by warning
that 'if you cannot do equal justice then marry only one'. 

The second verse i.e. 4:129 makes it clear that equal justice is
humanly impossible and do not leave the first wife in suspension.
With such warnings polygamy should not be practiced unregulated.
All other Muslim countries except Saudi Arabia and Kuwait have
introduced strict measures to regulate it. Thus a draft law should
introduce such regulatory measures and specify circumstances in
which one could take second wife as has been done in Pakistan.
Those circumstances could be when the first wife is terminally ill, or
medically proved to be infertile or barren and that too with the
permission of the first wife and the court of law. 

Today, though by no means polygamy is widely prevalent among
Muslims (it is much more among Tribals, Dalits and upper caste
Hindus), still one finds cases of desertion of first wife and marrying
another without giving justice to the first wife. This should not
happen and this is strictly prohibited by the Qur'an. The Qur'an
permitted polygamy to help women in distress like widows and
orphans, not to do injustice to them. It is the duty of the ulama to
educate Muslims in this respect. 

Thus there is crying need for a new draft law which the MPLB can
draft with the help of Muslim lawyers and intellectuals incorporating
all these changes and ask the Government to enact it. If it is
properly drafted I am sure, it will become a model law for others to
follow as in Islamic law women enjoy all the rights which modern
laws have given to women like widow remarriage, compulsory
arbitration before divorce, inheritance, right to property, right to
earn and so on. And all these rights are unconditional and a wife
also has right to lay down conditions at the time of marriage. 

As such a law may take time since it is not easy to develop a
consensus due to sectarian differences, the Board in the
meanwhile should launch an awareness campaign against misuse
of polygamy etc. it should also see to it that the amount of mahr
paid is substantially high (part of which can be deferred) to
discourage easy resort to talaq. The Qur'an itself encourages high
amount of mahr. And mahr is woman's own untrammelled right. In
case of divorce it can provide her with a measure of economic
security. It is regrettable that in some Muslim communities mahr is
only nominal and as low as Rs. 41 or Rs. 51. 

In all these matters MPLB can play an important role as it has come
to be acknowledged an authoritative body and in a sense
representative too.  Though it is understandable that it cannot rush
into things, it can certainly cautiously proceed further leading the
way.  If the women suffer after all half the umma suffers and Qur'an
does not admit injustice in any case. 

**********************************             
Centre for Study of Society and Secularism
Website:- www.csss-isla.com

o o o o


Indian Express
July 02, 2004

TALAQ TROUBLE: JAVED AKHTAR SLAMS MUSLIM BODIES
Press Trust of India

Mumbai, July 2: Renowned film writer Javed Akhtar 
has flayed Muslim organisations for sharply 
reacting to the reported move of All India Muslim 
Personal Law Board (AIMPLB) to scrap the triple 
talaq (divorce) practice that empowers Muslims to 
provide instant divorce to wives.

  Akhtar, who heads a progressive minority 
organisation, Muslims for Secular Democracy 
(MSD), has said apart from rejecting the instant 
talaq practice, the AIMPLB should also introduce 
a new 'nikahnama' that provides more security to 
the womenfolk.

The Board should also pursue with the government 
to amend the existing law that prohibits Muslim 
women (like all other women) from inheriting 
agricultural property, Akhtar told reporters here.

The MSD was categorical to clarify that it has 
decided to come in support of the AIMPLB on the 
talaq issue since it was a 'progressive step', 
although the Board has no statutory legal status.


o o o o


The Times of India
July 2, 2004

Don't change laws on talaq: Ulema Council
TIMES NEWS NETWORK[ THURSDAY, JULY 01, 2004 12:01:33 AM ]
MUMBAI: The Ulema Council has warned the All 
India Muslim Personal Law Board (AIMPLB) against 
"wrongly interpreting'' shariat laws pertaining 
to talaq (divorce).

The council, which held an emergency meeting here 
on Wednesday, said Koranic laws are complete in 
themselves and "any effort to change them under 
the guise of reinterpretation will be met with 
stiff resistance by the community''.

Maulana Abdul Quddus Kashmiri, vice president of 
the council, told newspersons that the utterance 
of the word talaq thrice could be done over a 
period of time.

"When talaq is uttered the first time it is 
called talaq-e-rajie and it is followed by 
talaq-e-baien and the final one is called 
talaq-e-mugalazza. If talaq is uttered the third 
time, the divorce is final.

"Those misusing this provision deserve to be 
condemned since they are acting against the 
spirit of Islam. But that does not give the right 
to anyone to declare a divorce invalid just 
because the word talaq was uttered thrice in 
quick succession,'' said Maulana Kashmiri.

He observed that a Muslim organisation, Ahle 
Hadees, held a different opinion in this regard.

"We are willing to engage Ahle Hadees in a 
debate. But its leaders are unwilling to discuss 
the matter.'' Maulana Syed Moinuddin Ashraf said 
no organisation in the world, including the 
AIMPLB, had any right to alter the shariat.

According to him, an opinion was being created 
that the shariat did not give Muslim women their 
due. "The fact is that Muslim women enjoy a high 
degree of freedom and respect. Islam looks down 
upon anyone who does not respect and support his 
family members.''

The Ulema Council and other Muslim organisations 
like the Raza Academy are awaiting the decision 
of the working committee of the AIMPLB, which is 
scheduled to meet on July 4 to take a decision on 
the proposal which seeks to nullify instant talaq 
and lays emphasis on reconciliation between 
husband and wife.

Said Syed Noori of the academy, "We are in touch 
with likeminded organisations across the country. 
If the board goes ahead with the proposal then a 
nationwide agitation is on the cards.''


_____


[6]

JUNE 30, 2004

SABRANG ALERT   * SABRANG ALERT   * SABRANG ALERT  

Dear Friends,

The intolerance of the fanatic strikes again. 
Activists owing allegience to the BJP attacked 
the offices of the Marathi eveninger, Mahanagar 
and manhandled senior journalists, Yuvraj Mohite, 
Jayesh Shirsat and Vaishali Rode. The chowkey of 
the Mumbai police located right opposite the 
newspaper's office but police personnel did 
nothing to intervene or stop the attack. 
Mahanagar  has been known for its fearless 
strugg;le against intolerance and has been 
attacked over half a dozen times with it's 
fearless editor, Shri Nikhil Wagle been 
physically attacked more than once. Today's 
attack appears to be a cynical and sinister 
build-up to the elections due in Maharashtra. 
Furious with the verdict of the people that has 
thrown the BJP out at the Centre, the intolerant 
followers are trying desperately to whip up 
communal sentiments.Citizens, journalists and all 
right thinking persons must not only condemn the 
attack but write protest letters to 1) 
Maharashtra Chief Minister Shri Sushilkumar Shinde
2) Commissioner of Police, Mumbai
3) Press Council of India

Teesta Setalvad   Javed Anand

BJP goons attack Mahanagar

On 29th of June at 3.30 pm BJP youth wing 
activists attacked the office of Mahanagar daily 
in Mumbai. Shouting abusive slogans and hurling 
BJP flags they stormed into the office searching 
for the editor, Mr. Nikhil Wagle. Since Mr. Wagle 
was not in the office, they ransacked the 
furniture in the advertising department and threw 
files all over. They manhandled senior 
journalists Yuvraj Mohite and reporter Jayesh 
Shirsat. Assistant editor Vaishali Rode was 
abused in filthy language. They blackened the 
signboard of the office. Shockingly, this 
incident took place in front of police chowky 
situated right opposite the office. The police 
did nothing to stop the attackers and arrived 
only after the damage was done. A complaint has 
been lodged at Mahim police station. Minister of 
state for home Mr. Kripashankar Singh visited 
Mahanagar and assured quick action. Additional 
Commissioner of police Vinod Lokhande and DCP Mr. 
Bishnoi also inspected the sight of the incident. 
The BJP goons were objecting to an article 
published in Mahanagar on Saturday, 26th June. It 
was an experience narrated by renowned writer 
Chandrakant Bhandari about the growing trend of 
visiting prostitutes in Warkari Sampraday that 
goes to Pandharpur for Ashadhi Ekadashi. BJP 
workers were also angry about the Ishrat Jahna 
encounter coverage of Mahanagar. They accused Mr. 
Wagle of being pro Muslim and anti national. 
According to Mr. Wagle the Pandharpur article is 
not the real reason for the attack. BJP is angry 
with the media after the defeat in Loksabha 
elections. They wanted an excuse to vent out 
their frustration and Mahanagar became a soft 
target. Mr. Wagle accused that some senior BJP 
leaders are behind the attack and demanded 
immediate action against all culprits.

_____



[7]

southasia.oneworld.net

Pro-Gay Movement Gathers Steam in India
Rahul Verma
OneWorld South Asia
02 July 2004
NEW DELHI, July 2 (OneWorld) - Ahead of a court 
hearing on a petition to abolish laws 
criminalizing homosexuality Monday, rights 
activists in India are also pressuring the 
government to give citizens the right to choose 
their partners.

Voices Against 377 - a coalition of 
nongovernmental organizations (NGO) working for 
the rights of children, women and gay rights 
groups - has asked the federal Minister for Law 
and Justice Hansraj Bharadwaj to protect those 
being discriminated against because of their 
sexuality.

"We hope the new leadership will stand up to the 
expectations of the people and demonstrate, in no 
uncertain terms, its stated commitment to 
protecting the rights of marginalized sections of 
society, not in the least those whose very 
existence has been criminalized by law," states a 
letter sent to the minister Thursday.

Voices against 377 - which includes groups such 
as Amnesty International, Prism, women's group 
Jagori and the New Delhi-based Talking about 
Reproductive and Sexual Health Issues (TARSHI) - 
was formed in the aftermath of the Lucknow 
incident.

"We wanted a joint platform to help us raise our 
voices together," asserts Ponni, a New Delhi 
student and a member of Voices Against 377.

Two leading Indian NGOs - the NAZ Foundation, a 
body working against AIDS, and The Lawyers 
Collective, a legal rights group, have gone to 
court asking for a change in section 377 of the 
Indian Penal Code that makes homosexuality 
illegal.

The law states, "Whoever voluntarily has sex 
against the order of nature with any man, woman 
or animal, shall be punished with imprisonment 
for life, or for a term that may extend to 10 
years." The petition against it will be heard 
Monday.

In a demonstration in New Delhi Thursday, Voices 
Against 377 stressed that it was time the new 
government - elected in May - steps in to change 
the law that has been a legacy of India's 
colonial rulers, the British.

"We don't even know how often the Act is used in 
small towns against those who are not 
heterosexual," says Akshay, a member of Prism, a 
New Delhi NGO advocating the right to sexual 
freedom. "But we do know that the act is used to 
threaten gays across the country."

Activists hold that gays and 'hijras' - members 
of a male-to-female trans-sexual community -- are 
often physically abused by police. In the 
southern city of Bangalore last month, Kokila, a 
21-year-old hijra, was raped by ten men.

Voices Against 377 states that the police, 
instead of lodging a complaint and having Kokila 
medically examined, tortured and sexually abused 
her for several hours.

Stresses Akshay, "To the police, she was not a 
human being. She was a hijra and therefore had no 
human rights."

The activists believe that if there is a "reading 
down" of the present law - decriminalizing 
same-sex acts between consenting adults - the 
threat of section 377 can be dealt with.

The Naz Foundation also points out that since 
homosexuality is illegal in India, most members 
of the community keep their sexuality under 
wraps, making it difficult for groups working 
against AIDS to reach out to large sections of 
the people.

The government has so far been resisting attempts 
at decriminalizing homosexuality. At a hearing in 
the Delhi High Court last year, the then Indian 
government argued that "Indian society is 
intolerant to the practice of homosexuals / 
lesbianism."

The letter to the law minister, however, points 
out that India has a rich history of 
"non-heterosexual desires, practices and 
identities," reflected in literature, art and 
ancient texts.

Proponents of section 377 believe that the law 
can be used against child abuse, increasingly 
being reported in India. But Voices Against 377 
points out that the groups are only saying that 
same-sex should not be treated as a crime when it 
is between consenting adults.

"Section 377, as it exists today, violates equal 
access to the rights of life, health, property 
and choice," the coalition says, adding, "This is 
a law that affects us, regardless of our sexual 
orientation, and goes against the fundamental 
beliefs of this nation - democracy, equality, a 
belief in human rights, dignity and freedom from 
violence for all."

The use of section 377 against homosexuals and 
AIDS workers was highlighted three years ago when 
a group of men working for the NAZ Foundation 
were arrested by the police in the northern 
Indian city of Lucknow.

The arrested men, who said they were on an AIDS 
project, were arrested, physically abused and 
kept in prison for 45 days.

The coalition's letter to the minister urges him 
to change the law because it legitimizes the 
stigma against the community.

"The fear and risk of attracting criminal 
liability, social discrimination and stigma leads 
to a lack of safe, social spaces for those 
belonging to marginalized sexualities - often 
leading to unsafe sexual practices," it warns.



_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

Buzz on the perils of fundamentalist politics, on 
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