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Simulating Equality: Judicial Biases, 1994 |
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The Tilhari judgement received wide publicity in
May, 1994 as a progressive legal pronouncement
invalidating triple talaq and thus liberating
Muslim women. The media reports did not pause to
explore the underlying issue i.e depriving women
of their economic rights under the guise of
abolishing triple talaq. Responding immediately
against the wave of media valourisation of the
judgement, we took up a campaign against this
judgement.
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"While claiming to be pro women, the
judgement does not dwell upon the economic
implications of acquiring land belonging to
women who are divorced under the customary form.
The judgement holds that these are not valid
divorces under the Land Ceiling Act. So long as
customary form of divorces are valid under the
application of Shariat Act can these divorces be
held invalid for the purpose of acquisition of
land by the state."
Flavia Agnes
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Link to Article :
Tilhari Judgement |
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