'Indian Muslim Women are no longer subject Only to the Shah Bano legislation': A brief history lesson

 

Here is a concise summary of Section 125 of the Indian Code of Criminal Procedure (CrPC):

Section 125 - Order for Maintenance of Wives, Children and Parents

Key Points:

• A Magistrate can order a person with sufficient means to provide monthly maintenance to:His wife who is unable to maintain herself
• The Magistrate can order interim maintenance and expenses of the proceedings to be paid during the pendency of the maintenance application.
• Failure to comply with the maintenance order can result in the Magistrate issuing a warrant to recover the amount or sentencing the person to up to 1 month of imprisonment.
• A wife is not entitled to maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or is living separately by mutual consent.
• The nature of proceedings under Section 125 is civil, not strictly criminal, and the provisions are to be construed liberally for the welfare of the wife and children.

The road to Ram’s temple: If Congress party believed in real secularism, Ayodhya movement would never have happened

Let Muslims join in building the temple and when it is ready let both communities come together to build a mosque on the other bank of the Saryu river writes Tavleen Singh in The Indian Express


The bhoomi pujan of Ram Temple in Ayodhya will be held on August 5. (Express file photo)

Let me make clear at the outset that I support the building of that temple in Ayodhya whose consecration takes place next week. It should have happened decades ago. It did not because of the pseudo-secularism that the Congress party has long adopted as its creed. The founding principle of this evil creed was that under the safety blanket of ‘secularism’ it was alright to abuse all secular tenets and principles if this helped win elections. It is important here to remind you that this is the second time that a shilanyas is being done of a Ram temple in Ayodhya. The first one was done by Rajiv Gandhi in 1989 when he began his election campaign in Ayodhya with the promise of Ram Rajya.
Not a secular slogan at all, but considered necessary at the time because of his foolish decision to allow Muslims their own personal law based on the Shariat. This decision enraged even secular Hindus, so the promises of a Ram temple and Ram Rajya were made in the hope that Hindus would fall back into the Congress party’s ‘secular’ arms. Rajiv ended up losing the election. But this was a last-ditch attempt to show that although he had pandered to the very worst kind of Islamist Muslims in the Shah Bano matter, he was still a good Hindu. Actually, he was a Parsi because in India it is the father’s religion that counts. Had the Congress party been truly secular, it would have shown the courage to resist the pressure from the Islamists who demanded that they be allowed to use the Shariat as their personal law. Had Rajiv Gandhi stood by the principles of real secularism, he would never have interfered in the Supreme Court’s order that said divorced Muslim women had the same rights as divorced Hindu women.

If the Congress party believed in real secularism, the Ayodhya movement would never have happened. It was after it started mixing religious fundamentalism with politics that the Bharatiya Janata Party realised that this was a game that they could play much better. So it was that in 1990 Lal Krishna Advani converted a Toyota truck into ‘Ram’s chariot’ and set off from Somnath for Ayodhya with the demand that a temple be built where Ram was said to have been born. Millions of Hindus believe that this Ayodhya is the same as the Ayodhya of antiquity, and that where Babur built his mosque is the exact spot where Ram was born. So, there should never have been a dispute at all and instead of a demolition the mosque could have been respectfully moved, stone by stone, onto the other bank of the river Saryu. But, this would have deprived many political leaders of electoral gains, so it was not allowed to happen.


Political leaders were not the only culprits. Religious leaders were just as bad, and it needs to be said that Muslim religious and political leaders, who took such an implacable stand against the Ram temple, did more to harm their community than anyone else. They were obdurate, unyielding and unreasonable and many still are. The same Muslim leaders who insist that they will continue to fight for restoration of the Babri Masjid at the very spot where it once stood said not one word when the magnificent Hagia Sophia cathedral in Istanbul was converted into a mosque just last week.

Asaduddin Owaisi has objected publicly to Prime Minister Narendra Modi going to Ayodhya to attend the shilanyas. He argues that it would be against the secular principles of the Constitution for him to attend a consecration that is specific to one religion. What intrigued me about the certainty with which he argued his case in TV debates was that he seemed to forget that Islam puts secularism in the same basket as apostates, heretics and heathens. It is only Indic religions that do not make any distinction between believers and unbelievers and only Indic religions like Buddhism and Jainism that are fundamentally atheistic.

When Congress leaders behave as if secularism was their personal gift to India, they forget that it was not an idea needed in India because the king was always not just secular but above caste. And, there has never been a Shankracharya who had his own army like the Pope once did. As a result of so much muddled thinking and a political culture that allows anything to be done for the sake of winning elections, we have now come to a pass when in these Hindutva times the supporters of Narendra Modi openly spread hatred against Islam and Muslims. The distinction between Pakistani and Muslim has been slowly erased in the past six years and the word ‘Paki’ has become a term of abuse. It is an ugly time but if our political leaders still have in them a modicum of honesty let them make the Ram temple in Ayodhya a symbol of healing.

Let Muslims join in building the temple and when it is ready let both communities come together to build a mosque on the other bank of the Saryu river. India needs a process of healing now almost more than it ever has before. Let it begin in Ayodhya next week and let the Prime Minister show us that he truly believes in his own slogan ‘Sabka saath, sabka vikas, sabka vishwas’.

The need for an Indian Grand Narrative

Rajiv Malhotra

Talk at the UK Parliament

Fables of Modi’s first year in power

Jawed Naqvi in The Dawn

Some left-wing activists these days are worriedly discussing post-16th May India. According to them Narendra Modi’s consummate victory on this day last year marked a paradigm shift in the nation’s politics — for the worse, they assert. Others who shared the traumatic perspective changed their view earlier this year after Arvind Kejriwal emerged as Modi’s unlikely foil and bête noir.

Before we continue with Kejriwal’s near mythological role in stalling the rightist juggernaut led by Modi, let us briefly look at the prime minister’s Achilles heel, which, ironically, happens to be the clear majority he won exactly a year ago. In other words, a majority in parliament in the Indian system is no assurance of stability, a weakness that was best illustrated by Rajiv Gandhi’s turbulent tenure.

Gandhi’s four-fifths majority in the Lok Sabha remains unmatched to this day. Ideally, it should have given him five years of solid, stable government between 1985 and 1990. Instead, what he got was a crippling defence procurement scandal that haunted him till his death. His own party acolytes deserted him and some even conspired to topple the young prime minister.

Amitabh Bachchan, Arun Singh, Arun Nehru were among the younger lot who had come close to the prime minister after his mother’s assassination. They left him before his term was over. Others from the Gandhi Camelot moved over to the opposition Bharatiya Janata Party (BJP). His trusted aide Vishwanath Pratap Singh subsequently became prime minister in 1990. The BJP and the communists supported him.

Look at the contrast. Indira Gandhi who split her party to be able to become prime minister at the head of a minority government in 1966, ruled with far greater confidence with support from communists and other assorted liberals.

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Worried leftists should unequivocally thank Kejriwal for relieving them of their trauma over the Indian PM.

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Her legacy still energises Indian politics, its economy and culture too. The banks that were nationalised by her remain state-owned. The two words she added to the preamble of the constitution — secular and socialist — have resisted periodic assaults from the right. The liberal arts and the scientific spirit she gave the academia with no impressive majority in parliament is planted as firmly as a sturdy molar that can only be uprooted by a painful surgery.

Easily the best example of someone without a majority who completed three full terms, first as finance minister and two as prime minister, is Manmohan Singh. He introduced sweeping economic reforms though his government had to bribe a few tribal MPs to stay in majority. He got support from the communists in his first tenure as prime minister and earned enough brownie points to win a second term. He faltered after he evicted the left, not because he did not have a majority in parliament.

Atal Behari Vajpayee was invited to form a bizarre minority government in 1996. It lasted all of 13 days. How could the president invite anyone who did not have the remotest proximity to finding a majority? Indian presidents have not always been transparent. Anyway it was a two-week government that signed the damaging Enron electricity deal, majority or no majority.

My worried leftist friends should unequivocally thank Kejriwal for relieving them of their trauma over Modi. The Aam Aadmi Party he heads has single-handedly changed the contours of possibilities for India’s political cobblers. When I see former BJP minister Arun Shourie laying into Modi on the eve of his completing his first year in office, the criticism reminds me of Rajiv Gandhi’s disloyal friends. However, Shourie could only speak because of Kejriwal’s amazing victory, which took the wind out of the prime minister’s sails.

If Mufti Mohammed Sayeed in Indian Jammu and Kashmir got the BJP MLAs to swear by the Kashmiri constitution they were loath to, he had his way because AAP’s victory in Delhi had emboldened him. Sonia Gandhi, ever so reclusive since the drubbing of her party by Modi, suddenly found spring in her walk. She led the entire opposition, including communist leader Sitaram Yechury, to the presidential palace to protest Modi’s land acquisition bill. Mamata Banerjee in West Bengal and the backward caste satraps in Bihar and Uttar Pradesh have benefited from Kejriwal’s humbling of Modi. Even Modi’s ally the Shiv Sena is now growling thanks to AAP.

Modi’s choreographers, which include the bulk of the media, are projecting his foreign policy in glowing terms not the least to mask his reneging on most domestic promises — rural, urban, rich, poor. With his claims of head transplants in ancient India, the prime minister has also become a caricature of the tough cookie he was thought to be. His gag measures against certain NGOs have boomeranged, inviting an earful from foreign governments.

He might have felt close enough to President Obama to call him by his first name, but it was more gracious for India that Obama called Manmohan Singh his learned guru.

Examples are galore of leaders being spurred by domestic difficulties to make foreign policy choices, and visits. Rajiv Gandhi was laying into Pakistan with Operation Brass Tacks before the Bofors scandal broke. When the scam raged he found himself signing a major agreement with Benazir Bhutto for nuclear safety with Pakistan.

Modi can wear any headgear in China, but he can’t approach the simple handshake between Deng Xiaoping and Rajiv Gandhi nor Narasimha Rao’s game-changing 1993 agreement with premier Li Peng for “peace and tranquillity on the borders”. In Mongolia, as I write, Modi is having a great time. Who showed him the way?

Indira Gandhi got Mongolia to second the resolution for the recognition of Bangladesh at the UN in 1972. The job done, she invited the Mongolian prime minister to Delhi, took him out for a quiet chat under a tree at Teen Murti House. When she offered him a cigarette, the guest hesitated. She lit one herself, helping her friend to pick one from the pack.