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Simulating Equality: Judicial Biases, 1994

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.
 

"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
 


Link to Article : Tilhari Judgement
 

 

 

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