E-Paper
Congress is caught between women’s rights, Muslim votes
NEW DELHI: The ghost of the Shah Bano case continues to haunt the Congress that has been struggling to spell out its stand on the triple talaq issue. In 1985, the
NEW DELHI: The ghost of the Shah Bano case continues to haunt the Congress that has been struggling to spell out its stand on the triple talaq issue. In 1985, the Supreme Court directed Mohammad Ahmed Khan to pay a monthly maintenance of Rs 500 to 69-year-old Shah Bano whom he had divorced after 43 years of marriage to marry another woman. The verdict outraged a section of Muslims who termed it “interference” in the Muslim personal law.
However, the Rajiv Gandhi government invalidated the Supreme Court verdict by passing the Muslim Women (Protection of Rights on Divorce) Act, 1986. It set aside the rights of divorced Muslim women to receive maintenance under Section 125 of the CrPC as per the Supreme Court judgment. The move was widely interpreted as an attempt to pacify the Muslims who had been the traditional voters of the Congress but it backfired as the party lost the 1989 Lok Sabha elections, plunging to 197 seats from 404 in 1984.
The divorce practice, the Narendra Modi government has told the top court, violates the Constitution and is against gender justice and equality. The general refrain in the main opposition party is that the matter of triple talaq is sub-judice and the Supreme Court should be allowed to decide on the issue and Congress leaders usually avoid a direct reply to any controversial subject.
Congress spokesperson Shobha Oza recently maintained that her party was always in favour of empowering women but at the same time said that the apex court should be allowed to decide on the “tricky matter” of triple talaq.
Veteran leader Ghulam Nabi Azad on October 16 virtually stopped former member of Parliament and a new recruit to the party Obaidullah Khan Azmi from explaining his stand.
“If the government tries to misuse it or make any wrong move on the issue then I will fight against it. I will oppose it in my individual capacity,” said Azmi, who is an office-bearer of the All India Muslim Personal Law Board. Azad tried to play down Azmi’s remarks. “Since the matter is in the SC, there will be no discussion on it.”
