Flavia Agnes UCC Debate Targets The Muslims

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Shishir Tripathi (http://www.firstpost.com/author/shishir-tripathi) Updated: Oct 19, 2016 18:30

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/tag/supreme-court) #TheySaidIt (http://www.firstpost.com/tag/theysaidit) #triple talaq
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The issue of triple talaq has once again ignited the age-old debate on the desirability of
the Uniform Civil Code (UCC) in India. The Law Commission of India sought the views
of people on the implementation of UCC. It put out a questionnaire on 7 October, which
faced stiff opposition from the All India Muslim Personal Law Board (AIMPLB) and
some legal experts as it was alleged that it focuses mainly on the Muslim laws, ignoring
discriminatory practices perpetuated by personal laws of other religious communities.
Firstpost in an interview with Flavia Agnes, a prominent legal scholar and director
of the Majlis Legal Centre, Mumbai, tries to find out the sticking points of the current
debate. Agnes provided a detailed legal analysis of the issue.
FP: Do you feel that the debate on UCC and 'triple talaq' is progressing in
the right manner, given that it is centred on Muslim personal law?
FA: No, I don’t think it is going in the right direction because it is only directed at the
Muslim law and the discriminatory aspects of the Hindu law are not coming into focus.
It is not just law, we also need to examine the Hindu ethos and cultural practices which
are anti-women.
FP: In your article in ‘The Oxford Handbook of The Indian Constitution’

you make a very important observation where you write, "The enforcement (http://www.firstpost.com/world
/us-election-2016/)
of a UCC cannot be viewed in a simplistic manner as outlawing 'polygamy
and triple talaq' among the Muslims. The issue is far more complex and LIVE Bangladesh Vs England Live Score
would require a detailed analysis of the gaps in the existing laws of all BAN vs ENG | Oct 20th, 2016
Live Coverage (/live-cricket-score-ball-by-ball/bangladesh-
communities, from the perspectives of women’s v-england-commentary-test/2635/181595.html)
empowerment." Seemingly, these fine points have been ignored to a great BAN 1 0 5 2 39.4
extent in the current debate. What are your views on this?
FA: Yes. Rather than having consultations and trying to understand the issue in depth,
the questionnaire framed by the Law Commission reflects a superficial engagement
with personal laws. It also targets the Muslim community. The current polarisation
Uniform Civil and

Codethe reaction
debate focusesbyonthe AIMPLB
Muslim law butare the resultsJNU
of framing the of
and the state questionnaire
strife: Mindless in this against the
protests Let China change approach to India if it wants us to accept Over half of gay men without peer su
1 2 3 4
ignores other communities: Flavia Agnes admin won't bring Najeeb Ahmed back Chinese products violence in India
1 of 16 10/21/2016 2:00 PM
manner.
Rather than bringing communities closer, it is framed as an attack on minorities. This

was totally unwarranted. All along it was stated that the UCC would comprise of best
practices of all communities, but the questionnaire does not provide the scope for this.
FP: In your article, you

highlight how personal
laws of other communities
(http://www.firstpost.com/india/triple-
(apart from Muslims) too
talaq-issue-muslim-women-fighting-
have so many for-their-rights-is-a-great-moment-
discriminatory provisions for-democracy-3064028.html)
against women. Why do

you think they miss the
intensity of scrutiny that
the Muslim law attracts?
(http://s2.firstpost.in/wp-content/uploads/2016/10
Flavia Agnes is a prominent legal scholar and the director FA: This is unfortunate. While
/Flavia_Agnes-2014-1.jpg)
of the Majlis Legal Centre.
the negative aspects of Muslim
law are highlighted, the positive rulings and community practices are not given
(http://www.news18.com
prominence. One can observe this even within the judiciary. When discriminatory
practices within Hindu law and cultural practices are discussed they are not framed as
/news/india/time-to-stop-entertaining-
“Hindu” but are discussed in general terms as "women's problems". superiority-complex-of-the-majority-
says-cardinal-cleemis-
For instance, the problem of dowry-related violence and dowry deaths. There is no 1303496.html?utm_source=fp_top_internal)
Stop Entertaining
research conducted as to how many women who are murdered for dowry are Hindus. A Superiority Complex of
research done by our organisation about cases which have reached the Supreme Court the Majority, Says
Cardinal Cleemis
and the Bombay High Court revealed that more than 90 percent were Hindus. Less
than 10 percent were Muslims and others. /news/india/time-
to-stop-entertaining-
What do these figures tell us? Take for instance the latest judgement where a husband superiority-complex-
of-the-majority-
was granted a divorce on the grounds that the wife refused to stay with his parents. The says-cardinal-cleemis-
notion of 'joint family' and 'joint family property' is a Hindu notion. Such a judgement 1303496.html?utm_source=fp_top_internal)
- News18
would not be delivered if the woman was from another community. But we don’t term it
as an anti-women 'Hindu' cultural norm.
FP: In your article, you dwell on the socio-political circumstances in which

personal laws were given some sort of legal sanctity in the colonial era. (http://www.firstpost.com/india/hillary-
Why is it that even with the change in the socio-political setup, we have not clintons-views-on-the-right-of-women-
to-an-abortion-find-resonance-in-india-
been able to bring significant reforms? 3063942.html)
Hillary Clinton’s views on
FA: After the Constitution was enacted, the first set of reforms was for Hindus, which the right of women to an
violated the mandate of Article 44. The justification was that the Hindu law is extremely abortion find resonance
in India
gender unjust compared to laws of other communities and needed immediate reforms. (http://www.firstpost.com
Daughters had no right to inherit property; the right of widows was a limited life /india/hillary-clintons-
views-on-the-right-
estate. Women had no right to divorce and there was no restraint upon men regarding of-women-to-an-
polygamy. Child marriage, abandonment of widows, etc were problems faced by abortion-find-resonance-
in-india-3063942.html)
women.
Institutions like mistress and concubinage were recognised. The urgency was to reform
Hindu laws. However, though this was the stated objective, there was a political motive
to acquire the legislative power over Hindus which until then was in the hands of (http://www.firstpost.com/sports/india-
religious heads of different sects. The aim was also to bring all reform religions such as vs-new-zealand-as-kiwis-record-first-
win-hosts-unearth-hidden-
Buddhism, Sikhism and Jainism etc within the broad Hindu fold. gems-3063514.html)
India vs New Zealand: As
Finally, the laws enacted were not even made to be gender sensitive because a common Kiwis record first win,
consensus had to be reached by diluting women’s rights. At the same time, the state did hosts unearth hidden
gems
not want to get into the realm of a Uniform Civil Code and ruffle minority sentiments (http://www.firstpost.com
soon after the bloodbath of partition. /sports/india-vs-new-
zealand-as-kiwis-record-
first-win-hosts-unearth-
It was presumed that as time passed, communities would get more integrated. The
hidden-
communal violence in subsequent years pushed communities further apart and today gems-3063514.html)
the faith of Muslim communities in the present right-wing government is at very low
ebb. Hence the political climate is not conducive to reforming laws of minorities or for
(http://www.moneycontrol.com/news/mf-
bringing in a Uniform Civil Code.
experts/these-two-numbers-can-help-you-pick-
FP: The government has said that triple talaq violates the right to equality
a-better-mutual-
of women as well as their dignity and that it "has no place in a secular fund-scheme_7633081.html?utm_source=mc_feed_pf)
country." Your comments on this. These two numbers can
help you pick a better
mutual fund scheme
FA: The entire affidavit filed by the government is a totally redundant and unwanted
(http://www.moneycontrol.com
Uniform Civil Code debate focuses on Muslim law but JNU and the state of strife: Mindless protests against the
1 2 3 Let China change approach to India if it wants us to accept
/news/mf-experts/these- 4 Over half of gay men without peer su
2 of 16 10/21/2016 2:00 PM
exercise because the SC in the two-numbers-can-help-
you-pick-a-better-
Shamim Ara ruling in 2002 mutual-
has already invalidated instant fund-scheme_7633081.html?utm_source=mc_feed_pf)
- Moneycontrol
and arbitrary triple talaq and
laid down the procedure for
dissolving the Muslim
marriages.
(http://www.firstpost.com/bollywood
Even halala is a practice which /bigg-boss-season-10/bigg-
boss-season-10-episode-4-20th-
accompanies only instant october-2016-karan-mehra-priyanka-
divorce and not a divorce over jagga-in-tears-3063752.html)
(http://s2.firstpost.in/wp-content/uploads/2016/10
All personal laws discriminate against women but the Bigg Boss Season 10
three months. So that too is
Episode 4, 20th October
/Muslim-woman-in-veil_380.jpg)
discrimination is not similar, says Flavia Agnes. Reuters
rendered redundant. Since 2016: Karan Mehra,
Priyanka Jagga in tears
that landmark ruling did not receive media attention, most people are not aware of it.
(http://www.firstpost.com
There have also been important high court judgments on this issue since 1981 and post /bollywood/bigg-
Shamim Ara, several high courts have upheld this position. boss-season-10/bigg-
boss-season-10-episode-
4-20th-october-
If any woman who has received a talaqnama approaches the court relying upon these
2016-karan-mehra-
judgements, the courts will strike down the talaq and will give her the rights as though priyanka-jagga-in-tears-
3063752.html)
she is married. Hence, there was no need to make such comments on an issue on which
the SC had already ruled in a noncontroversial manner.
FP: The government has also asked for the re-examination of a 1952
Bombay High Court judgment that held that Article 13 of the Constitution
doesn’t cover personal laws? Your views on this.
FA: I have no issue with that but it only acquires a political hue in the present climate.
The 1952 judgment is a high court judgment and not binding on the SC. But various SC
judgments have upheld this decision and so it is not only the 1952 judgment but also
the subsequent SC rulings that one needs to examine.
But at the same time, there are a number of judgments of various high courts and the
SC which have examined both Muslim and Christian laws and have struck down certain
discriminatory aspects or laid down the correct procedure.
Shamim Ara ruling is an example, and there are many more. The discriminatory aspects MORE STORIES FROM
Shishir Tripathi (http://www.firstpost.com/author
of Christian laws were also struck down. While hearing those cases, the issue did not get /shishir-tripathi)
politicised. But in this case, there is a deliberate attempt to politicise the issue.
JNU missing student: Amid protests, fear of
FP: Many Muslim scholars and personalities have asserted that triple talaq campus attracting unwanted reputation
(http://www.firstpost.com/india
is being given an 'un-Islamic' interpretation and that its practice is being /jnu-missing-student-amid-protests-fear-of-
campus-attracting-unwanted-reputation-
'wrongly interpreted', as the concept of one-time triple talaq does not exist.
3062622.html)
If this is the case then what is the basis of defending it?
JNU on the boil: As protests continue, V-C
says all efforts are being made to find Najeeb
FA: I agree. But once we accept that the Shamim Ara judgment is binding, then this Ahmed (http://www.firstpost.com/india
question does not arise at all. Surprisingly, the affidavit filed by AIMPLB has also /jnu-on-the-boil-as-protests-continue-
v-c-says-all-efforts-are-being-made-to-
conceded that Shamim Ara has laid down the law regarding the triple talaq and that is find-najeeb-ahmed-3061998.html)
the law of the land today. Later they made contradictory statements, but the fact that
Uniform Civil Code debate focuses on
they accept Shamim Ara ruling is a positive step. Muslim law but ignores other communities:
Flavia Agnes (http://www.firstpost.com
FP: The Law Commission of India sought a public vote on the /india/uniform-civil-code-debate-focuses-
on-muslim-law-but-ignores-other-
implementation of UCC. Do you see this development as a precursor to communities-flavia-agnes-3060730.html)
some significant changes in personal laws in India? Supreme Court dignifies Justice Katju’s
Facebook post with a debate: Was it
FA: I feel it has opened up a debate, but the manner in which the questionnaire is necessary? (http://www.firstpost.com/india
/supreme-court-dignifies-justice-katjus-
framed to target the Muslim community was totally unwarranted. The AIMPLB has facebook-post-with-a-debate-was-it-
given a call to boycott this questionnaire. This makes it difficult to have any dialogue. necessary-3058514.html)
Aligarh Muslim University's female students

We should have started with the process of dialogue first and should have got the stand against discriminatory hostel rules
consensus of minority communities and then prepared a draft and presented it to (http://www.firstpost.com/india/aligarh-
muslim-universitys-female-students-stand-
various stakeholders. I disapprove of the manner in which this entire process has been against-discriminatory-hostels-rules-
done. mismanagement-3058128.html)
View more (http://www.firstpost.com/author/shishir-

FP: MPLB's Hazrat Maulana Wali Rahmani, at a press briefing a few days tripathi)
ago, said, "A uniform civil code is not good for this nation. There're so
many cultures in this nation, (they) have to be respected. India can't
impose a single ideology." How do you react to such claims?
FA: I agree. My own position is that uniformity of rights is more important and not a
uniform law which will not be accepted by minority communities. We need to first see
where we have uniformity of rights and strengthen them. And where there is
Uniform Civil discrimination, bring

Code debate focuses reforms
on Muslim law in
butsmall measures.
1 2 JNU and the state of strife: Mindless protests against the Let China change approach to India if it wants us to accept
4 Over half of gay men without peer su
ignores other communities: Flavia Agnes admin won't bring Najeeb Ahmed back violence in India
3 of 16 10/21/2016 2:00 PM
All personal laws discriminate against women but the discrimination is not similar.
Each has to be addressed separately. It has to be a step-by-step approach which will
work better for the culturally diverse Indian communities. Even Hindu law is not
uniform and takes within its ambit the cultural diversity of the Hindu population and
accepts their customs and traditions.
FP: Implementation of UCC means that along with Muslims other

minorities, like Christians and Parsis, would also lose their existing right to
apply for their own civil code or laws for family matters, including
marriage, divorce and inheritance. Yet, the most vehement opposition
comes from the MPLB. Why is it so?
FA: This is because the issue has been polarised along the Hindu-Muslim
binaries. Even when issues concerning other communities have come up before the SC,
such as the John Vellomatham case or the Sarla Mudgal case, which involved Hindu
women who were victims of Hindu polygamy, the SC have made a call for a UCC in the
context of Muslim law. The media too has played into this which is indeed tragic.
FP: Arif Mohammed Khan, who took a very strong stand against the
discriminatory practices perpetuated by Muslim personal laws, while
commenting on UCC and the functioning of MPLB wrote that, "The Imrana
case, for that matter many other cases, including the famous Shah Bano
case, are merely symptoms of a much deeper malaise – the desire to
maintain and perpetuate disparity between the sexes. MLPB, since its
inception, has been the votary of this trend." Do you think that the MPLB
will succeed in stifling any attempt of implementing the UCC this time as
well?
FA: Since I myself am opposed to the implementation of UCC on an unwilling

community or polity, I refrain from answering this question. With due respect to Arif
Mohammed Khan, when we address the malaise only within the Muslim community,
we are framing the issue in a lopsided manner.
As lawyer defending women's rights, women of all communities approach our

organisation. In court proceedings, we do not find that Muslim women are more
discriminated than Hindu women. In fact, the reverse is true. It is very difficult to prove
a Hindu marriage when the husband denies it. There is no proof of Hindu marriage
except through photographs and witnesses.
When the husband claims a prior marriage, the woman is termed as a 'mistress' even by
judges. Muslim marriage is a contract and the mehr is an integral part of it, whereas
Hindu marriage continues to be viewed as a sacrament and dowry is an integral part of
such a marriage. Though banned by law it continues unabated.
The Hindu rituals under Section 7 of the Hindu Marriage Act, such as kanya dan are
also discriminatory. Once a girl is married, she is seen as paraya dhan and doors of the
natal family are closed on her.
Due to these women, who are facing domestic violence, get depressed and commit
suicide. Incidents such as Imrana are not unique to Muslims, they occur within Hindu
families as well. The important point about Imrana is that she had the courage to file a
complaint and get her father prosecuted.
The fatwa itself was an attempt to politicise the issue by a journalist, as Imrana herself
never asked for the same and the positive aspect is that she ignored the fatwa and
continued to live with her husband in her natal home. Media never discusses these
nuances and the attempt is only to tarnish the Muslim community through these media
discussions.
FP: In your article, you write that "another strategy to break the stalemate
is to enact specific legislation, which will apply to women uniformly across
the country." Though desirable, is it possible given the hostility towards
UCC, especially by the Muslim law board?
FA: It has been done before. We have laws such as the Special Marriage Act of 1954.
Anyone can marry under it. But all communities prefer to marry under their own
personal laws and the government has done very little to popularise it. The medical
termination of pregnancy, the Dowry Prohibition Act, the dowry-related criminal
proceedings under IPC such as Section 498A (cruelty to wives) section 304B dowry
murders are uniformly applicable.
Uniform Civil Code debate focuses on Muslim law but

1 Similarly, the Protection of Women 2 JNU and
from Domestic the state of strife: Mindless protests against the
Violence Act, which was enacted in 3 Let China change approach to India if it wants us to accept
4 of 16 10/21/2016 2:00 PM
2005, applies to Muslims and others alike. This law protects shelter, residence,
maintenance, child custody and also compensation for the violence suffered to women
during their marriage, in their natal home and even after their divorce.
In my EPW article and in a subsequent article in Scroll, I had explained that Shayara
Bano ought to have used these remedies to claim her rights rather than rushing to the
SC. As a divorced woman, she is also entitled to a fair and reasonable settlement for her
entire life under the Protection of Women upon Divorce Act, 1986 which has been
awarded a wide interpretation by the SC in 2001 in the Danial Latifi judgment.
But due to illiteracy, ignorance, and denial of access to justice, most women who are
victims of domestic violence are unable to use these beneficial provisions. It is poverty,
illiteracy and the lack of resources to approach the court that prevent the women
victims from approaching the courts to protect their rights.
FP: In an EPW article published in May (http://www.epw.in/journal

/2016/22/commentary/muslim-womens-rightsand-media-coverage.html)
2016, you questioned the positive media coverage of Bano’s petition and
maintained the same view in another piece published two weeks ago
highlighting the "few positive aspects" in the affidavit filed by AIMPLB.
Many people expressed serious disagreement and discontentment on this.
Please share your views on this?
FA: No, in the EPW piece I was very critical of the media publicity and the focus upon
the domestic violence faced by Shayara Bano as though it is unique to a Muslim woman,
and because similar violence suffered by Hindu or other community women would not
be highlighted in the same manner.
I explained the various legal remedies she was entitled to and that no one was
addressing it. So, I had felt that the media was extremely communal in highlighting this
aspect. In the later article, I addressed the positive aspect in the affidavit filed by the
AIMPLB which endorsed my views and accepted the ruling of Danial Latifi, which has
held that a Muslim woman is entitled to a fair and reasonable provision for her entire
life and they also advised that Shayara Bano should have approached the local court
regarding the domestic violence she was facing.
This was positive because earlier when we talked to people working with Muslim
communities there was a feeling that Muslim women cannot approach the courts and
must approach only the Mullahs. So the Board accepting this was indeed positive.
The disagreement and discontentment are from those who have not worked with the
law and have never helped Muslim women to access the courts. I do not think many of
them even read the Board’s detailed affidavit and have gone by media reports.
I have not engaged with people making these comments because the comments are
based on a total misreading of my article. After the Board’s affidavit, we are able to
reach out to Muslim women and help them to understand their law better and are also
able to tell them that the Board advises them to approach the court. So they feel more
comfortable in enforcing their rights in a court of law.
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Uniform Civil Code debate focuses on Muslim law but JNU and the state of strife: Mindless protests against the Let China change approach to India if it wants us to accept Over half of gay men without peer su
1 2 3 4
5 of 16 10/21/2016 2:00 PM
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6 Comments Sort by Oldest
Add a comment...
Undeca Gold · UC Berkeley

"discriminatory aspects of the Hindu law" - like?
"Law Commission reflects a superficial engagement with personal laws" - dudet! please suggest your questions!
"While the negative aspects of Muslim law are highlighted" - my friend, his siblings and mother had to live in dire poverty
after his father disrted them.
" 'joint family' and 'joint family property' is a Hindu notion" - clearly personal opinion! It is Indian culture.
In summary:- triple talak has been banned by many countries. Please sent this woman there!!!!!!!
Like · Reply · Oct 19, 2016 7:36pm
Shabbir Mahdi · Rajshahi Govt.City College

RSS terrorist identified!!!!!!!!!!!!!!!!!
Like · Reply · Oct 20, 2016 12:46am

Shabbir Mahdi Ha Ha' Look who is pointing fingures!!!!!!!!!!
Like · Reply · Oct 20, 2016 1:36am
Rajeev Saxena · University of Pune

This lady Flavia Agnes is very communal. During one of the debate she used very disrespectful words for hindus. Such
people should not be part of public discourse.
Like · Reply · 3 · Oct 19, 2016 7:48pm
Shabbir Mahdi · Rajshahi Govt.City College

She has an expertise lawyer on marriage and divorce Google her name and you'll find out how distinguished
personality she is. You are being brainwashed by BJP and RSS. Thats why you have no answer against what she
constructively said.
https://en.wikipedia.org/wiki/Flavia_Agnes
Like · Reply · 1 · Oct 20, 2016 12:53am

Shabbir Mahdi She is paid by enemies of India - church people! Someone with rheteric or fixed agenda; malign
Hindus' and India's Image. Slave of the masters from byegone era.
Like · Reply · 3 · Oct 20, 2016 1:40am
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Makarand R Paranjape (http://www.firstpost.com/author/undefined) Oct 21, 2016 07:44 IST

#ABVP (abvp) #AISA (aisa) #CriticalPoint (criticalpoint) #India (india) #Jawaharlal Nehru 0
University (jawaharlal-nehru-university) #JNU (jnu) #JNU V-C (jnu-v-c) #Left (left) #M Jagadesh
Kumar (m-jagadesh-kumar) #missing student (missing-student) #Najeeb Ahmed (najeeb-ahmed)
#SFI (sfi) #Students' union (students-union) (http://www.firstpost.com
/india
/jnu-and-
the-state-
of-strife-
mindless-
for-their-rights-is-a-great-moment-

protests-for-democracy-3064028.html)
JNU and the state of strife: Mindless protests against the Let China change approach to India if it wants us to accept Over half of gay men without peer su
1 2 3 4
6 of 16 10/21/2016 2:00 PM
26 1 against-
Imagine my surprise on Thursday morning when I found my Vice-Chancellor, Professor

M Jagadesh Kumar on national TV. He was speaking of the harrowing night that he and
the top JNU administrators spent confined inside the administration building,
surrounded by a mob of slogan-shouting students. Just a few days back, on 15 October
2016, Najeeb Ahmed, a 27-year-old MSc Biotechnology student, had gone missing after
an altercation in the Mahi-Mandavi Hostel. The students blamed the administration for
not doing enough to bring him back to JNU. Therefore the gherao. /news/india/time-to-stop-entertaining-
superiority-complex-of-the-majority-
The actions of the students says-cardinal-cleemis-
1303496.html?utm_source=fp_top_internal)
defy both common sense and
Stop Entertaining
logic. It is true that Najeeb was Superiority Complex of
the Majority, Says
missing, but how can the
Cardinal Cleemis
university administration be (http://www.news18.com
held responsible? Moreover, /news/india/time-
how could illegally superiority-complex-
imprisoning the of-the-majority-
Vice-Chancellor and top 1303496.html?utm_source=fp_top_internal)
JNU V-C M Jagadesh Kumar coming out of office after
officials of the university help - News18
being gheraoed by students. PTI
restore Najeeb? In fact, a case
of kidnapping has already been filed in the Vasant Kunj police station at the student’s
mother’s behest; moreover, the University authorities had issued directives to the
security, the wardens, and all concerned staff to try to find Najeeb. According to this (http://www.firstpost.com/india/hillary-
directive, the JNU security were seen stopping incoming and outgoing auto-rickshaws, clintons-views-on-the-right-of-women-
showing them a picture of Najeeb to ask if they had seen him. On Thursday evening, the 3063942.html)
Delhi Police also posted a reward of Rs 50,000 for information leading to his recovery, Hillary Clinton’s views on
the right of women to an
in addition to the SIT formed to look for him. abortion find resonance
in India
Events in JNU can better be understood in the light of victory of Left wing SFI-AISA (http://www.firstpost.com
/india/hillary-clintons-
combine, which won all four seats of the JNU Students Union elections held on 10
views-on-the-right-
September 2016. Observers expected a continuous clash with the administration. The of-women-to-an-
first flash point was the sleep-in organised in front of the administration building abortion-find-resonance-
in-india-3063942.html)
demanding immediate hostel accommodation for all students. Few universities
anywhere in the world promise hostel accommodation along with admission; in Delhi
University, Jamia Millia or Ambedkar University, for example, a vast number of the
students, both undergraduate and graduate, must make their own arrangements. But in
(http://www.firstpost.com/sports/india-
JNU hostel, accommodation is demanded as a right. It is alleged that the
vs-new-zealand-as-kiwis-record-first-
administration diverted money allocated to build hostels: anything to make students win-hosts-unearth-hidden-
gems-3063514.html)
out to be victims of a callous and villainous administration.
Kiwis record first win,
It is hardly surprising, therefore, that the Students Union, affiliated to the Communist hosts unearth hidden
Party of India (Marxist) and the Communist Party of India (Marxist-Leninist), will use gems
every opportunity to keep the pot boiling in JNU. Targeting the administration, and
/sports/india-vs-new-
whenever possible, the Modi sarkar, is to be expected. JNU is being used as a political zealand-as-kiwis-record-
platform. Najeeb, we must not forget, has been identified as an AISA activist. What is
hidden-
nefarious is how Dalit and Muslim students have been used by the Left and ultra-Left to gems-3063514.html)
try to present the present government as anti-Dalit and anti-minority. Najeeb is from
Badaun in UP, clearly something that might be used against the BJP in the forthcoming
state elections.
But what is the truth behind the Najeeb incident? From eyewitness reports, it is learned a-better-mutual-
fund-scheme_7633081.html?utm_source=mc_feed_pf)
that he slapped an ABVP student who had come to his door to campaign for a post on These two numbers can
the hostel’s mess committee. After this, an altercation followed, and an on-the-spot help you pick a better
mutual fund scheme
inquiry held in which Najeeb was found guilty of misdemeanour. Even his roommate, (http://www.moneycontrol.com
also a Muslim, reportedly testified against him. During these proceedings, the warden /news/mf-experts/these-
two-numbers-can-help-
and the JNUSU President, Mohit Pandey, were present.
you-pick-a-better-
mutual-
Was he brutally assaulted afterwards as alleged? The pamphlets and reports put out by fund-scheme_7633081.html?utm_source=mc_feed_pf)
various anti-administration groups led by the Students Union vastly exaggerate facts. - Moneycontrol
That he was brutally beaten till he was bleeding and unconscious is far from the truth.
Yes, he was hit a couple of times, but he walked out to the auto-rickshaw on his own,
escorted by one of the wardens. He had been asked to leave because of his misconduct.
If he had been grievously injured, wouldn’t he have needed hospitalisation? What is (http://www.firstpost.com/bollywood
/bigg-boss-season-10/bigg-
more, where is the smartphone footage of his “lynching”?
boss-season-10-episode-4-20th-
october-2016-karan-mehra-priyanka-
Does this mean that the attack on him must be denied, ignored or white-washed? Not at jagga-in-tears-3063752.html)
Bigg Boss Season 10
Uniform Civil all.
Code Adebate
proper inquiry
focuses must be
on Muslim lawheld
but and the guilty must be punished. By the same token,
1 2 JNU and the state of strife: Mindless protests against the Episode34, 20th
Let China change approach to India if it wants us to accept
October 4 Over half of gay men without peer su
7 of 16 10/21/2016 2:00 PM
he should also be penalised for slapping a fellow-student twice. The university is no 2016: Karan Mehra,
place for violence; here, dissent is not only permitted but welcomed. Students with (http://www.firstpost.com
differing views must learn to respect one another. Similarly, a university is not a place /bollywood/bigg-
boss-season-10/bigg-
where a mob of students hijack the administration building, imprisoning their own
faculty. Least of all should JNU be such a place. It is not that such gheraos have never 4-20th-october-
2016-karan-mehra-
happened in the past, but the university community has usually condemned them.
priyanka-jagga-in-tears-
3063752.html)
The anti-administration tactics of the Students Union are deplorable, as is their
generally negative approach to everything that doesn’t conform to their narrow
ideological credo. Much of the propaganda that they dish out, including their pamphlets
and posters, are sheer fabrications combined with ideological bilge. On the other side,
the ABVP needs also to rein in its cadres, especially in matters of orderly conduct. It
helps no one to react violently, whether in word or action, in matters of political
conflict, especially at a university.
As a long-standing faculty member of this university of national importance, I am

deeply saddened over the recent events. We live in a deeply divided campus, with
mutual distrust at an unprecedented high. Today, in varying degrees, both the Students
Union and the Teachers Association of the university stand discredited. They have been
unable to maintain peace and tranquillity, let alone the academic integrity of the
campus. What can the administration, perhaps the most important player in this
discordant microcosm, alone do without the cooperation of all sections of the campus
community? Perhaps they can send out a clear signal by punishing the guilty, acting
firmly and fairly, and, above all, restoring academics as JNU’s top priority.
In the meanwhile, we are all concerned: Where is Najeeb and why did he disappear?
Both these questions remain unanswered. But how can we rule out that he left of own
accord? Or even worse, has gone missing deliberately as a part of a larger political ploy
of bringing discredit to the administration? But far worse is the thought voiced by a
young student, already so disillusioned by the JNU politics, “Campus politics has hit a
new low – how do we know that they will not harm Najeeb themselves for political
gains?” I certainly hope this is not true: good sense needs to prevail. I join JNU
colleagues and students in appealing to Najeeb to return so that peace is restored to
JNU at the earliest.
(Makarand R Paranjape has been Professor of English at JNU for over fifteen years.)
26 1
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Prakash Katoch (http://www.firstpost.com/author/undefined) Oct 21, 2016 07:17 IST

#CCP (ccp) #China (china) #Chinese Communist Party (chinese-communist-party) #Chinese 3
products (chinese-products) #CriticalPoint (criticalpoint) #India (india) #Pakistan (pakistan)
#Xinhua (xinhua)
/india
/let-china-
change-
approach-
to-india-talaq-issue-muslim-women-fighting-
for-their-rights-is-a-great-moment-
Uniform Civil Code debate focuses on Muslim law but JNU and the state of strife: Mindless protests against the
1 2 3 Let China change approach to India if it wants us to accept
for-democracy-3064028.html) 4 Over half of gay men without peer su
8 of 16 10/21/2016 2:00 PM
20 0 if-it-
Dogs, wolves, jackals, coyotes all bark usually because of excitement, fear or in
frustration. But when China’s Xinhua says that India generally “barks” about trade
imbalance, it actually amounts to China barking in frustration. Since all media in China
is state controlled and state directed, the arrogance and conceit displayed in their media
reflects the bigoted stance of the Chinese Communist Party and the Chinese
Government. During Prime Minister Modi’s last visit to China, an oped in China’s (http://www.news18.com
Global Times (http://www.globaltimes.cn/content/921134.shtml) (CCP’s official
mouthpiece) stated, "Due to the Indian elite's confidence in their democracy, and the /news/india/time-to-stop-entertaining-
superiority-complex-of-the-majority-
inferiority of its ordinary people, few Indians are able to treat Sino-Indian ties says-cardinal-cleemis-
accurately, objectively and rationally." 1303496.html?utm_source=fp_top_internal)
Stop Entertaining
Notice the idiotic reference to Indians as “inferiority of its ordinary people” as if the Superiority Complex of
the Majority, Says
Chinese were fathered by some superlative aliens — which may well be the Cardinal Cleemis
misconception considering President Xi Jinping’s recent statement that the moon has (http://www.news18.com
/news/india/time-
proved to be an “inescapable part of China” due to an ancient marriage between to-stop-entertaining-
Chinese Princess Wen Cheng and an ancient ruler based on the moon during the 7th superiority-complex-
of-the-majority-
Century, albeit Jinping didn’t elaborate which moon considering scientists have
discovered 1500 galaxies or whether Wen Cheng betrothed alien kings of all the moons. 1303496.html?utm_source=fp_top_internal)
- News18
But getting back to the “bark”

of Xinhua, the frustration is
writ large because the same
Indian population referred to (http://www.firstpost.com/india/hillary-
as “inferiority of its ordinary clintons-views-on-the-right-of-women-
people” has delivered a solid
3063942.html)
kick to China from totally Hillary Clinton’s views on
unexpected quarters –
abortion find resonance
shunning Chinese goods, and in India
this is just the beginning. (http://www.firstpost.com
There is no government views-on-the-right-
(http://www.firstpost.com/wp-content/uploads
directive to not buy Chinese of-women-to-an-
/2016/08/india-china-flags-afp.jpg)
Representational image. AFP abortion-find-resonance-
goods but the Indian in-india-3063942.html)
population is wise enough to understand that by abetting Pakistani terrorism, China
herself has become a terrorist state. Indian businessmen see no reason to stock Chinese
products even if they are cheaper and one ignores the low grade stuff dumped in India.
Signs of shops displaying “we don’t sell Chinese products” are on social media. As per
some estimates, sale of Chinese products in last quarter in India have gone down by up vs-new-zealand-as-kiwis-record-first-
win-hosts-unearth-hidden-
to 20 percent. Chinese firecrackers during the festival of Diwali during 2015 were
gems-3063514.html)
shunned anyway because of their highly toxic emissions, which should be the norm this India vs New Zealand: As
year too. In fact, the government should consider releasing a white paper giving details Kiwis record first win,
hosts unearth hidden
of Indian small-scale industries that have been forced to shut down over the years on gems
account of Chinese goods dumped in India. (http://www.firstpost.com
India has no issue with the Chinese population but why should we buy Chinese
products when China is abetting Pakistan’s proxy war on India and in fact uses hidden-
Pakistani proxies to hurt India in accordance with her ancient strategy to 'kill with a gems-3063514.html)
borrowed knife”; the knife being Pakistan. It is not the recent discovery of Chinese and
Pakistani flags in Baramula alone but the China-Pakistan sub-conventional nexus dates (http://www.moneycontrol.com/news/mf-
back to 1960s when Chou-en-Lai advised Ayub Khan that Pakistan should prepare for
prolonged conflict with India instead of short-term wars. He advised Pakistan to raise a experts/these-two-numbers-can-help-you-pick-
a-better-mutual-
Militia Force to act behind enemy (Indian) lines. In 1966, when a Pakistani delegation fund-scheme_7633081.html?utm_source=mc_feed_pf)
went to Beijing and was met by Chou en Lai, latter while discussing India raised his These two numbers can
help you pick a better
clenched fist and said, “This is capable of delivering a forceful blow, but if you cut off
mutual fund scheme
one finger, the fist loses its power, not by one-fifth, but by fifty percent. If you wipe out (http://www.moneycontrol.com
/news/mf-experts/these-
a couple of hundred thousand of the enemy spread over a long front, its impact is not as
two-numbers-can-help-
great as wiping out an entire battalion or a brigade – the enemy’s morale is dealt a you-pick-a-better-
devastating blow. We know this from practical experience.” Witness the shamelessness mutual-
with which China is protecting JeM chief Azhar Masood at the UN despite his role in - Moneycontrol
numerous terrorist attacks in India. Besides, the United Mission in Afghanistan

(Unama) report released in July 2016 has specifically highlighted both JeM and LeT
involved in terrorist acts in Afghanistan.
Review recent Pakistan sponsored terror attacks in India and Afghanistan and it can (http://www.firstpost.com/bollywood
easily be concluded that their intensity and periodicity have gone up with Chinese entry boss-season-10-episode-4-20th-
into POK and commencement of development of the CPEC. Intelligence reports have october-2016-karan-mehra-priyanka-
jagga-in-tears-3063752.html)
1 2 3 Season
Bigg Boss 10 4
9 of 16 10/21/2016 2:00 PM
been indicating that China is funding terrorists in J&K. And, why would China not be Episode 4, 20th October
2016: Karan Mehra,
coordinating terrorist attacks in India and Afghanistan in conjunction Pakistan? Earlier Priyanka Jagga in tears
British sources had contended Chinese specialists were training Taliban fighters in the (http://www.firstpost.com
/bollywood/bigg-
use of infrared-guided surface-to-air missiles, which was supported by a 13 May, 2008
classified US document released by WikiLeaks. Also, Aviation Week of 23 December boss-season-10-episode-
4-20th-october-
2010 reported Chinese military personnel were advising Pakistani Taliban how to fight
2016-karan-mehra-
the NATO led ISAF. The China-Pakistan sub-conventional nexus keeps Kashmir Valley priyanka-jagga-in-tears-
3063752.html)
on the boil and advances Pakistan’s strategic depth in Afghanistan. Pakistani Generals
have bartered their country’s sovereignty to China by permitting China develop her
Super Strategic Highway to the Indian Ocean under the euphuism of CPEC, the adverse
effects of which will be felt by the Pakistani public in years to follow. Already rumblings
in Pakistan refer to the CPEC as another ‘East India Company’ but more is to follow
with China bidding to buy 40% stakes in Pakistan’s stock exchange. It appears the 2012
prophesy by former Pakistani officer and defence analyst Agha H Amin was bang on
wherein he said, “There is no doubt that Pakistan will be a semi autonomous Chinese
province by 2030 or so… Pakistani Baluchistan by 2030 would be a completely Chinese
run show”.
China is the largest economy in terms of PPP, second largest GDP and third largest
investor in the world. She has reserves of over $3 trillion and contributes to some 30%
plus of world trade. But at the same time China’s debt in 2015 was 254 percent of her
GDP, there was 30% increase in protests by workers across China last year, and
unemployment rate amongst graduates in China too is 30%. That is why the efforts of
OBOR, CPEC, MST etc for which ready governmental finances are hard to find. China’s
comprehensive national power (CNP) but 54% of her defence budget dedicated to
internal threats is part of her infirmities. Ironically, increase in CNP has revived China’s
ancient mindset rooted in her historical ‘Tian Xia’ (under the Heaven) concept which
traditionally views “all territories” as belonging to the Chinese and due to which, they
attach no sense to territory. That is why they have no compunctions about claiming
90,000 sq kms of Arunachal Pradesh on sudden impulse, arbitrarily extend her EEZ
with no regard to her neigbours or print new world map showing Hawaii and most
Micronesia as Chinese territory.
To bring China to her senses the only way is what the Indian public has begun to do —
stop buying Chinese products. The effect is more since China is fully aware that the
Indian middle class is heading towards the greatest expansion in the world, with
attenuated purchasing power, while the Chinese population grows old. Sure we need
about $2 trillion investment to expand our economy and China is welcome to invest,
and it will, considering the impediments she will face in OBOR, CPEC, MST because of
the geopolitical competition. Indians should desist buying Chinese products with
alternative availability of products that are indigenous, Japanese, South Korean,
Taiwanese etc. Let China change her stance towards India if she wants the Indian
population to accept Chinese products. The world could take a cue from the Indian
population.
The author is veteran Lt General of the Indian Army.
20 0
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Amit Kumar · Assistant Systems Engineer ( ASE ) at Tata Consultency service

Very nice article. No china products.
Like · Reply · 52 mins
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1 2 3 4
10 of 16 10/21/2016 2:00 PM
IndiaSpend (http://www.firstpost.com/author/undefined) Oct 21, 2016 07:14 IST
#ConnectTheDots (connectthedots) #Gay (gay) #Homosexuality (homosexuality) #Human Rights 2
(human-rights) #India (india) #LGBTQ rights (lgbtq-rights)
0 0 (http://www.firstpost.com
By Sumit Chaturvedi
For all the 22 years of his young life, Ajith (name changed to protect identity) has had to
hide his sexual preference for male partners. The management graduate, who works at
a hotel in Chennai, comes from Kambam, a small Tamil Nadu village.
Ajith’s parents and younger

sister are aware of his sexual (http://www.firstpost.com/india/triple-
orientation but he fears the for-their-rights-is-a-great-moment-
abuse, attacks and ridicule he for-democracy-3064028.html)
would have to face in Kambam
as an openly gay man. But in
Chennai, where he is less
secretive about his orientation,
he said, he feels much safer
thanks to the support of the
Representational image. Reuters
community organisations
(COs) for men with alternate sexual identities. (http://www.news18.com
A recent survey conducted across five Indian states by Swasti Health Resource Centre
for 12 such COs has proved him right: gay men who seek peer support were far safer superiority-complex-of-the-majority-
than those living with their parents, most often without outing themselves. The aim of says-cardinal-cleemis-
the study was to get a better understanding of the profiles and needs of those who Stop Entertaining
approach the COs for help. Superiority Complex of
the Majority, Says
Living with parents, afraid to seek help Cardinal Cleemis
/news/india/time-
More than half of all men who face physical violence (52.4%), sexual abuse (55%) and
emotional torture (46.5%) were still living with their parents and mostly in the closet, superiority-complex-
of-the-majority-
according to the survey. The attackers, it turned out, are most often strangers, clients
(in the case of male sex workers) and goons. 1303496.html?utm_source=fp_top_internal)
- News18
The likely reason for this is that it is tougher for men living with their families to seek
peer support from other homosexuals. In contrast, the study found that those living
with long/short-term partners or peers face very little violence.
(http://www.firstpost.com/india/hillary-
clintons-views-on-the-right-of-women-
3063942.html)
abortion find resonance
in India
Source: Swasti Health Resource Centre (http://www.swasti.org/avahan) /india/hillary-clintons-
views-on-the-right-
Harassed, in multiple ways of-women-to-an-
abortion-find-resonance-
The study conducted between April and October, 2015, covered Tamil Nadu, in-india-3063942.html)
Maharashtra, Andhra Pradesh, Telangana and Karnataka. It found that of 8,549

respondents, 14% have faced some kind of emotional violence, 8.9% sexual violence and
9% physical violence.
Of those interviewed, 1,762 reported facing 2,795 incidents of violence–an average of vs-new-zealand-as-kiwis-record-first-
about 1.6 attacks per person. Most of the violence is perpetrated by clients on male sex win-hosts-unearth-hidden-
gems-3063514.html)
workers (39.4%), followed by strangers (24%) and goons (17.5%). India vs New Zealand: As
Kiwis record first win,
hosts unearth hidden
gems
hidden-
gems-3063514.html)
Source: Swasti Health Resource Centre (http://www.swasti.org/avahan)
In many families, there is severe pressure on gay men to marry. The survey found that (http://www.moneycontrol.com/news/mf-
8.9% of respondents were married and 42.5% were separated.

a-better-mutual-
How existing laws make matters worse
These two numbers can
There are an estimated 3.1 million (http://icmr.nic.in/ijmr/2011/december/1215.pdf) help you pick a better
1 2 JNU and the state of strife: Mindless protests against the mutual 3fundLet China change approach to India if it wants us to accept
scheme 4 Over half of gay men without peer su
11 of 16 10/21/2016 2:00 PM
men who prefer sex with men in India, according to the United Nations General (http://www.moneycontrol.com
/news/mf-experts/these-
Assembly Special Session on HIV/AIDS Report. HIV prevalence among this group in two-numbers-can-help-
the country is 14.5%, according to this 2011 working paper you-pick-a-better-
mutual-
(http://www.hivlawcommission.org/index.php/working-papers/msm-hiv-and-the-
law-the-case-of-gay-bisexual-and-other-men-who-have-sex-with-men-msm/download) - Moneycontrol
by the Global Commission on Law and HIV.
Criminalisation of homosexuality makes it tougher for homosexual men to seek medical boss-season-10-episode-4-20th-
october-2016-karan-mehra-priyanka-
help for sexually transmitted infections (STIs). “Repressive legal contexts and pervasive
social stigma can limit access for these men to appropriate services for STIs and HIV, Bigg Boss Season 10
including prevention, treatment and can even be life threatening,” the global Episode 4, 20th October
2016: Karan Mehra,
commission’s working paper (http://www.hivlawcommission.org/index.php/working- Priyanka Jagga in tears
papers/msm-hiv-and-the-law-the-case-of-gay-bisexual-and-other-men-who-have-sex- (http://www.firstpost.com
/bollywood/bigg-
with-men-msm/download) said. After being decriminalised by the Delhi High Court in boss-season-10/bigg-
2009, homosexuality was re-criminalised (http://timesofindia.indiatimes.com/india boss-season-10-episode-
4-20th-october-
/Supreme-Court-makes-homosexuality-a-crime-again/articleshow/27230690.cms) in
2016-karan-mehra-
India by the Supreme Court in 2013. priyanka-jagga-in-tears-
3063752.html)
On October 5, 2016, the union cabinet ratified (http://pib.nic.in/newsite
/PrintRelease.aspx?relid=151427) the 2014 HIV/AIDS (Prevention and Control) Bill at
a meeting chaired by Prime Minister Narendra Modi. The long-awaited bill seeks to
prohibit discrimination against persons with HIV and AIDS. But, as human rights
lawyer Deya Bhattacharya wrote (http://www.firstpost.com/india/the-new-hivaids-
bill-is-great-but-ineffective-when-the-vulnerable-are-criminals-under-other-
laws-3039176.html) in her piece in Firstpost, “the bill does not elucidate on the legal
dissonance between its provisions of non-discrimination and other acts and case-law
that discriminate against sex-workers, homosexuals and transgenders”.
Violence in sex work
For men engaged in sex work, especially those with a high client load, the study found
that the danger of violence is multiplied.
Violence Against Sex Workers, By Weekly Client Lo

Less than or equal to 4 clients
100.0%
75.0%
75.7%
However, low income from sex work results in even higher prevalence of STI
symptoms. Similarly, men with lower weekly client load (four or less) reported higher
STI prevalence (8.3%) than those who dealt with more clients (4.3%). This could be
because the lesser the men earn in total–from all work including sex work–the less
likely they are to undergo testing for STIs/HIV.
Prevalence of Sexually Transmitted

Infections, By Income From Sex Work
10%
Respondents with STI Symptoms
8% 8%
Status of HIV Testing Among Sex Workers, By Tot

Monthly Income
Less than Rs 3,000 Rs 3,000 to Rs 5,000
100.0%
75.0%
How COs help
Uniform Civil Men

Code who
debateface
focuses on Muslim
violence law butlikely
are most (41.3%) JNU andreport
the state of is
strife: Mindlessless
protests against the Let China change approach to India if it wants us to accept Over half of gay men without peer su
1 2 to not if it physical, likely 3 4
12 of 16 10/21/2016 2:00 PM
(39.8%) if it is sexual and least likely (32.4%) if it is emotional. Ajith said that, in
Chennai, it is easier to seek police protection against violence through COs than as an
individual.
“We can reach out to the network when violence occurs. If I am standing at a bus stop
and if cops come to inquire, we can call our CO for help,” he said.
The study showed that COs provide a strong support system for respondents engaged in
sex work and other professions. A total of 6,482 men or 75% are registered with COs.
Most cases reported to COs relate to emotional violence (51%).
Reporting Violence Against Homosexual Men

Did Not Report Reported To COs
60.0%
45.0%
(Chaturvedi is an Independent Media Consultant with Swasti Health Resource

Centre, Bangalore and a blogger at OpinionTandoor.in.)
0 0
Add a comment...
Show Comments
Tufail Ahmad (http://www.firstpost.com/author/undefined) Oct 21, 2016 06:39 IST

#communalism (communalism) #Democracy (democracy) #Hindus (hindus) #Human Rights 22
(human-rights) #India (india) #InMyOpinion (inmyopinion) #Islam (islam) #Jawaharlal Nehru
(jawaharlal-nehru) #Muslim women (muslim-women) #PM Narendra Modi (pm-narendra-modi)
#Religion (religion) #Supreme Court (supreme-court) #triple talaq (triple-talaq) #Women's rights (http://www.firstpost.com
(womens-rights)
290 2
/india
(Editor's Note: This article is based on the author's speech at the Asian Forum on
Global Governance 2016, organised by the Observer Research Foundation in New
Delhi. The theme of the session on 21 October, 2016 was: Religion and Democracy –
Are They Compatible?)
When I look 20 years back, there was no burqa on India's streets. Now I see many (http://www.firstpost.com/india/triple-
women in burqa standing at my local bus stop. Looking into the next 20 years, I fear for-their-rights-is-a-great-moment-
that my granddaughter is most likely to wear a burqa. Let me explain in a practical way: for-democracy-3064028.html)
In July 2001, the BBC took me to London. Two of my six sisters were then in Class IX
and XI in Bihar. For the first time, I had money. So, I told them: you can study as much
as you like. Both did MSW – Master of Social Work. One works in the media; the other
became a follower of Dr Zakir Naik, the Islamist preacher.
My intellectual concern is for Muslims, not for Islam. My argument is that Islam may
not change; the Quran will not change. But the followers of Islam can change. There is
possibility of change because democracy is the only agent that introduces multiple
turning points in an individual's life. When we speak of democracy, we speak of – in the (http://www.news18.com
words of British author Bernard Crick – "some congruence between democracy

perceived as a set of values and democracy as a set of institutional arrangements"; superiority-complex-of-the-majority-
democracy can be seen as "a principle or doctrine of government" and as "a set of says-cardinal-cleemis-
institutional arrangements or constitutional devices". Stop Entertaining
Superiority Complex of
Islamist groups used elections to advance Islamism.
The Hamas in Gaza, the Muslim the Majority,Let
Says
1 2 JNU and the state of strife: Mindless protests against the Cardinal3 CleemisChina change approach to India if it wants us to accept
13 of 16 10/21/2016 2:00 PM
Brotherhood of Egypt, the (http://www.news18.com
/news/india/time-
Ayatollahs of Iran, and the to-stop-entertaining-
Justice & Development Party superiority-complex-
of-the-majority-
of Turkey utilised elections to
grab power and impose an 1303496.html?utm_source=fp_top_internal)
- News18
Islamist order in which
people's liberties became
casualties. Under Islamist
influence, Pakistan remains a
racist democracy for legally (http://www.firstpost.com/india/hillary-
Representational image. Reuters clintons-views-on-the-right-of-women-
prohibiting from becoming the to-an-abortion-find-resonance-in-india-
head of the state some Pakistani citizens because they do not believe in Islam. During 3063942.html)
US-mediated peace talks, even the Taliban in Afghanistan considered referendum and the right of women to an
elections to reach power. abortion find resonance
in India
But, elections are just one instrument of democracy. The Islamists do not adhere to (http://www.firstpost.com
democracy's other essential principles: free speech and individual liberty, gender views-on-the-right-
equality and equal rights for minorities, man-made law, freedom for political of-women-to-an-
abortion-find-resonance-
association, and so on. Democratic ideas, rising from Greece and travelling through the in-india-3063942.html)
European Enlightenment, swelled into the American and French revolutions. "We the
people", the opening words of the Indian constitution, are taken from the US
constitution. In India, democracy was introduced through the constitution.
Democracies work through institutions. So, it is not surprising that a new generation of (http://www.firstpost.com/sports/india-
vs-new-zealand-as-kiwis-record-first-
Indians are knocking at the Supreme Court's door to demand equality and liberty – for win-hosts-unearth-hidden-
example to end the triple talaq, Halala and polygamy. India is a brand new country, gems-3063514.html)
new because 55% of its 1.3 billion people are under 25. This is a new political Kiwis record first win,
population which has not seen the Emergency or the Partition. It has grown up in hosts unearth hidden
gems
liberty, seeing MPs exercise unlimited free speech in legislatures and on television. This
new generation is subjecting itself to arguments on Facebook and Twitter. Muslims are /sports/india-vs-new-
also part of this new generation, and some of them are leaving Islam. This liberty is
birthed by the constitution. India's young are the constitutional generation. Even if you hidden-
dismiss them as Bhakts, they are essentially loyal to the constitution and guard its gems-3063514.html)
liberties.
When Gandhi, Nehru and Ambedkar laid down the foundations of the republic, they
wrote an array of liberties into the constitution, the seeds that are birthing a new type of
Indians. For thousands of years, Indians knelt before temples. But Narendra Modi a-better-mutual-
kneels down at the footsteps of the Parliament, an institution created not by religion, fund-scheme_7633081.html?utm_source=mc_feed_pf)
These two numbers can
but by liberty, by constitution, by reason. Nehru was at least intellectually honest, help you pick a better
someone who could praise Atal Bihari Vajpayee on the floor of parliament. But India's mutual fund scheme
(http://www.moneycontrol.com
counterfeit secular Hindus are intellectually dishonest and will not acknowledge that /news/mf-experts/these-
Modi is Nehru II, albeit added with civilisation. If Nehru were alive, he would be happy two-numbers-can-help-
you-pick-a-better-
to see Modi. mutual-
- Moneycontrol
So, within this template of democratic ideas, is it possible for an entire new or next
generation of Muslims to abandon ideas inherited from parents and Islamic clerics?
History offers us positive insights. In Italy and Germany, an entire generation of youth
abandoned the ideas of fascism and Nazism inherited from parents. In India, a
generation of Hindu youth has largely abandoned their parents' belief in caste, made
possible through the spread of democratic values. And although polygamy and Halala boss-season-10-episode-4-20th-
are legal for Indian Muslims, Muslims do not practise them, mostly. october-2016-karan-mehra-priyanka-
Bigg Boss Season 10
When we speak of reform among Muslims, we expect instant reform. But reforms of Episode 4, 20th October
religious communities occur over centuries. Judaism and Christianity went through 2016: Karan Mehra,
internal conflicts. Islam is going through its internal civil war. Not long ago, the
Christian clergy ruled the world. Due to the increasing awareness of democratic values, /bollywood/bigg-
the Bible and the Torah are confined to the religious realm. In India, the Manusmriti
was discarded by Hindus. Most Muslims do not practise what the Quran says about 4-20th-october-
jihad or prayers. But Muslims are caught in Islam's institutional arrangements like 2016-karan-mehra-
priyanka-jagga-in-tears-
mosques, clerics and madrassas which are unfortunately funded by the secular Indian 3063752.html)
state.
India must address the weaknesses of its institutions. In 1952 elections, 67% MPs won
with less than 50% votes. In 2004, 76% MPs won with less than 50% votes. In 2009,
only 17% MPs got over 50% votes. In 2014, 61% MPs won with less than 50% votes. We
are in a situation in which candidates can win elections with just 30% votes, which
encourages them to encourage religious politics. To get votes, Mamata Banerjee joins
1 2 JNU and the state of strife: Mindless protests against the 3 Let China change approach to India if it wants us to accept
14 of 16 10/21/2016 2:00 PM
Muslim prayers. BJP kicks up the issue of Love Jihad. Nitish Kumar visits Pakistan to
tell Indian Muslims that they are Pakistanis. Sonia Gandhi reaches out to Imam
Bukhari of Jama Masjid. Arvind Kejriwal visits Bareilly to meet clerics. K
Chandrashekar Rao offers quota for all Muslims, even though the OBCs among them do
get quota.
At a recent conference in Pune, I shared platform with Maulana Mahmood Madani of

the Jamiat Ulema-e-Hind who agreed on the need for change but also taunted: "Islam
ko badalna chahte hain, to badal lijiye (If you want to change Islam, go ahead)." It is
clear that monotheistic religions like Islam which do not believe in pluralism and
equality are obstacles to democratic values but these obstacles can be addressed within
the framework of Indian democracy's institutional arrangements. The Supreme Court
has two tests before it: whether to allow triple talaq in violation of the Article 14 on right
to equality; and whether to allow the Indian taxpayer to continue to fund the Aligarh
Muslim University, especially its departments of Sunni and Shia Theology.
To ensure that democracy's institutions do not surrender before Islamism, the state
governments' funding of madrassas must be challenged before the Supreme Court. As a
secular republic, the Indian state cannot fund madrassas, which are centres of
excellence for the purposes they are established. Within the Indian democracy's
institutional arrangements like the RTE, Muslim children, like all others of 6-14 age,
must be in schools during school hours, not in madrassas, which are counter-liberty
movements. By funding madrassas, the Indian state led by 'secular' Hindus, feeds
orthodoxies among Muslims. In the competition between Islam and democracy,
educational reforms are the keys to democratic change. There is a historical template to
follow: Lord Macaulay. If Macaulay could do it, the Indian democracy can do it better.
About a century ago, Gandhi supported the Khilafat to bring Muslims into the
mainstream. Now, semi-literate Muslim women are going to the Supreme Court with
constitution in their hands to assert their fundamental rights available under the
constitution. This is a watershed moment in the history of Indian democracy. It is a
wake-up call for India's Muslim leaders who are fighting for Islam, not for Indian
Muslims. The Indian constitution is a movement of ideas with origins in the Greek
philosophy. As the constitution's influences take deeper roots among people, Indian
Muslim leaders and Islamic clerics will be rendered irrelevant, buried along with the
so-called secular Hindu politicians. I am thrilled to live in these revolutionary times.
(Former BBC journalist Tufail Ahmad is a contributing editor at Firstpost, and

executive director of the Open Source Institute, New Delhi. He tweets @tufailelif.)
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Flavia Agnes UCC Debate Targets The Muslims

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Uniform Civil Code debate focuses on Muslim law but ignores other c... http://www.firstpost.com/india/uniform-civil-code-debate-focuses-on-mu...

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Shishir Tripathi (http://www.firstpost.com/author/shishir-tripathi) Updated: Oct 19, 2016 18:30

FP: In your article in ‘The Oxford Handbook of The Indian Constitution’

Uniform Civil and

Rather than bringing communities closer, it is framed as an attack on minorities. This

FP: In your article, you

against women. Why do

FP: In your article, you dwell on the socio-political circumstances in which

Aligarh Muslim University's female students

View more (http://www.firstpost.com/author/shishir-

Uniform Civil discrimination, bring

FP: Implementation of UCC means that along with Muslims other

FA: Since I myself am opposed to the implementation of UCC on an unwilling

As lawyer defending women's rights, women of all communities approach our

Uniform Civil Code debate focuses on Muslim law but

FP: In an EPW article published in May (http://www.epw.in/journal

Clinton polling PM compares army’s Those who rear Ahead of Brics

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Undeca Gold · UC Berkeley

Shabbir Mahdi · Rajshahi Govt.City College

Undeca Gold · UC Berkeley

Rajeev Saxena · University of Pune

Shabbir Mahdi · Rajshahi Govt.City College

Undeca Gold · UC Berkeley

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Makarand R Paranjape (http://www.firstpost.com/author/undefined) Oct 21, 2016 07:44 IST

Uniform Civil Code debate focuses on Muslim law but

Imagine my surprise on Thursday morning when I found my Vice-Chancellor, Professor

As a long-standing faculty member of this university of national importance, I am

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Prakash Katoch (http://www.firstpost.com/author/undefined) Oct 21, 2016 07:17 IST

But getting back to the “bark”

numerous terrorist attacks in India. Besides, the United Mission in Afghanistan

The author is veteran Lt General of the Indian Army.

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Amit Kumar · Assistant Systems Engineer ( ASE ) at Tata Consultency service

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Ajith’s parents and younger

Maharashtra, Andhra Pradesh, Telangana and Karnataka. It found that of 8,549

8.9% of respondents were married and 42.5% were separated.

by the Global Commission on Law and HIV.

Violence in sex work

Violence Against Sex Workers, By Weekly Client Lo

Source: Swasti Health Resource Centre (http://www.swasti.org/avahan)

Prevalence of Sexually Transmitted

Source: Swasti Health Resource Centre (http://www.swasti.org/avahan)

Status of HIV Testing Among Sex Workers, By Tot

Source: Swasti Health Resource Centre (http://www.swasti.org/avahan)

How COs help

Uniform Civil Men

Reporting Violence Against Homosexual Men

Source: Swasti Health Resource Centre (http://www.swasti.org/avahan)

(Chaturvedi is an Independent Media Consultant with Swasti Health Resource