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Triple talaq:Why have 'liberals' abandoned Muslim women?
by rawemotions Sat Oct 08, 2016 6:43 pm
http://www.firstpost.com/india/triple-talaq-govt-courts-doing-their-bit-but-why-have-liberals-abandoned-muslim-women-3041356.html
Excerpts
take the case of 25-year-old Afreen, who was divorced via Speed Post. The report also mentions the plight of a 21-year-old student who was divorced 10 days into her marriage through WhatsApp.
:
AIMPLB has sought to use Article 25 of the Indian Constitution, which guarantees the right to practice personal religion, as a battering ram against all arguments of gender justice, equality, dignity, and non-discrimination.
This is a red herring. First, it needs to be stated clearly — and this is where liberals can play a role bigger than the government or the courts because we are discussing minority rights — that Indian Constitution enjoys primacy before all personal laws.
And since retrogressive practices such as triple talaq sit at odds with a citizen's fundamental right of equality before the law irrespective of gender or religion as guaranteed by the Constitution, these personal laws as well as customs and usage — as the government submitted in its affidavit on Friday — "would come under the ambit of Article 13, which lays down that any law that impinges upon fundamental rights shall be void."
:
We need to just take a cursory look at the AIMPLB's affidavit before the Supreme Court while defending the validity of triple talaq to see how downright regressive and bizarre their logic is. “Polygamy ensures sexual purity and chastity and whenever polygamy has been banned, it emerges from history that illicit sex has raised its head,” stated the affidavit.
Excerpts
take the case of 25-year-old Afreen, who was divorced via Speed Post. The report also mentions the plight of a 21-year-old student who was divorced 10 days into her marriage through WhatsApp.
:
AIMPLB has sought to use Article 25 of the Indian Constitution, which guarantees the right to practice personal religion, as a battering ram against all arguments of gender justice, equality, dignity, and non-discrimination.
This is a red herring. First, it needs to be stated clearly — and this is where liberals can play a role bigger than the government or the courts because we are discussing minority rights — that Indian Constitution enjoys primacy before all personal laws.
And since retrogressive practices such as triple talaq sit at odds with a citizen's fundamental right of equality before the law irrespective of gender or religion as guaranteed by the Constitution, these personal laws as well as customs and usage — as the government submitted in its affidavit on Friday — "would come under the ambit of Article 13, which lays down that any law that impinges upon fundamental rights shall be void."
:
We need to just take a cursory look at the AIMPLB's affidavit before the Supreme Court while defending the validity of triple talaq to see how downright regressive and bizarre their logic is. “Polygamy ensures sexual purity and chastity and whenever polygamy has been banned, it emerges from history that illicit sex has raised its head,” stated the affidavit.
rawemotions- Posts : 1690
Join date : 2011-05-03
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