Court seeks answer to Muslim woman's 'no' to voters list photo
Submitted by admin3 on 22 February 2010 - 10:47pm
By IANS,
New Delhi: If one Muslim woman is allowed not to have her photograph on the voters' list, thousands of similar applications would be filed, the Supreme Court noted Monday and aked the petitioner to instead think of some workable solution to resolve the tangle.
A bench of Chief Justice K.G. Balakrishnan, Justice Deepak Verma and Justice B.S. Chauhan made the observation while hearing a lawsuit by Madurai resident Ajmal Khan, resenting the display of the photographs of Muslim women in the voters' list.
The bench discarded Khan's counsel P.S. Narsimhan's plea to give liberty to at least those Muslim women who do not want their photographs on the voters' list to approach the Election Commission and seek the privilege.
"If we give such privilege to one candidate, it will apply to lakhs of other voters," said the bench. "If this order is passed by this court, thousands of applications are likely to be filed."
The bench instead asked the petitioner and his counsel to give some "workable suggestion" to resolve the tangle and adjurned the hearing of the matter.
Appearing for the Election Commission of India, counsel Meenakshi Arora sought to allay the petitioner's fear and said that the poll panel has already taken steps to ensure that the voters' list with the voter's pictures on it are not misused.
She said the poll panel rules provide that election agents of various political parties are to be given only hard copies of the voters' list and in case they need the soft electronic copies of electoral rolls, then such copies have to be given without photographs on them.
This would prevent misuse of the voters' list with pictures, Arora said.
But the petitioners counsel was not convinced and he insisted that electoral rolls with the photographs of Muslim women must not be given to any poll agent in any form.
"We are not against election officials having access to voters' list with the photographs of Muslim women, but the same should not be given to the public at large," said Narsimhan.
He insisted that giving the photographs of Muslim women to poll agents would be akin to releasing their photographs to the public at large and that would mitigate against their religious edicts.
"The religious custom and holy preaching of Holy Quran lay down that Muslim women should wear 'purdah' and 'burqua' and should show their faces only to their husbands and close relatives," Khan said in his petition.
Khan had approached the apex court, challenging a Madras High Court ruling that had dismissed his similar plea and questioning the Election Commission of India's move to have photographs of voters in the electoral rolls.
Khan sought to clarify that his community is not averse to having Electoral Photo Identity Cards (EPIC) for Muslim women, but having their pictures printed on a public document was anathema to Islam.
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See here, what is aage...
Dear Ghulam and Anonymous,
Why not have female staff at the polling booths instead of a full overhaul of the thing which Mr Ghulam thinks is antiquated customs. Even if there is no complusion in Islam to cover face, if a lady chooses to cover, why one need to be pontifying? I mean liberty does not mean that only 'French' life is secular. How many bomb attack would be avoided by banning burqa. Is not the solution of Palestinian problem permanent solution to aovid bombardment. Even if you call it terrorism, what the 'world community' is upto after so much of time. No one should be allowed to pay for their forefathers' sins using those who were not involved. Hitlers crimes need not be paid by the Arabs & Palestinians as Europe and USA do nothing but allow the zionists to be above law, one time, every time.
Do you read newspaper? I read Times of India yesterday while on a flight and found that to Mr Dileep Padgaonkar, even eating Halaal is appeasement and promoting extremism. No, no, he did not stop at that, he had objection to the payment to the mulla (the man who slaughters the animal the Halaal way). Now, are you able to decipher what is going on in this world. There are movements in India talking of banning cow, bull or even buffalo slaughter but remember, when it comes to the West, they do no bother to follow their 'astha'. This shows they are ready to be second fiddle to the West as far as they are allowed to be high paid labourer, the doctors and engineers and managers.
Burqa, Meenar or separate time for ladies in swimming pool, violation of others right if Halaal is served shows how 'tolerant' these people are. One might ask as to how non-availability of Halaal to a Muslim is not violation of rights, they say we need to come out of some archaic system. Last New Indian Express from Bangalore had a full page about a lady part ango-Indian, part Hindu converting to Judaism to marry a Jew. There was no single instance where the 3000 years old archaic customs were remotely criticised. Every thing was presented as requirement which included GoI guarding the Jewish immoveable holdings in India while they went to Palestine to occupy Palestinian lands. The Hamas Commander Mahmood Mahmdooh was a Islamic extremist to so called mainstream English media. So went the reporting on the murder of Azmi, the lawyer. There would be many who claim that it is in response to Muslim terrorism, but they suffer from selective amnesia. 1947 till date, Maliana, Bhagalpur, 1992, 1993, 2002, the list is endless. But what about the sawarkars, godse and chatterjees? Cowardly support to international criminils is not going to solve any of India's problem. If to them, Indian Muslims are a problem and they need the criminal support, they will not succeed in undermining India's fair name. We are more than enough to correct they. Any problems with India, go where you like and do not expect India to do your bidding.
Response to Mr.Naqqaad on Burkha
Mr.Naqqaad,
I think burkha should be tossed aside and women should become full participants in educational, economic and political affairs. The desire to reform our laws should originate from within ourselves and should have no bearing on what our enemies want us to do or not do. We have parroted the slogan about the woman's right to don the burkha long enough, but I think that slogan is now becoming trite. The burkha is a device to keep women down. While I may disagree with your views, I respect your right to have them.
I am a proud practitioner of Hijab
Mr. Ghulam,
Please let women decide what they want. If they want to wear burqa, abaya, headscarve/hijab, who is anybody to tell them what to wear. As for anyform of purdah being a hindrance to eduacation-well,I know girls and women who are doctors and engineers and architects and wear burqa. I wear the hijab and I am doing a PhD. It is a personal choice, respect that and please don't spread misconceptions about burqa being a hindrance towards getting educated or having a career.
Lets disengage with this Red Herring called Ghulam
@ Aalia et al!!
Dear ones,
Lets disengage with this red herring calling himself Ghulam Mohiyuddin, whatever he feels his name means. I have heard about the Abdul being an individuals name prefixed to the names of Allah. Have see people with name Ghulam prefixed to the names of the Prophet. In their zeal to hardsell themselves, the so called moderates, the ignorants who weaken Indian democracy by refraining people from demand, in fact creating a problem after some time, the un-vented anger of have-nots. One of my friends used to abuse the names being announced on local AIR station because the names in that part of Rajatan used to be funny to the extent of being blasphemouns. I mean you cant have a Joota Ram or a Peshab Rao. Similarly, this Ghulam Mohiydeen must realise that does he had anything nearer to the great Sufi Hazrat Mueenudeen Chishti (RA)?? I am assuming the name of this great man of Islam in India which this creature must have borrowed though muitlated due to inherant ignorance.
So, do not fall into the trap laid by this criminal because to him mere name is more than enough.
Reply to Ms.Aalia on Burqa
Ms.Aalia, although women have the right to wear burqa or hijab, those who disagree with that view also have the right to say that it is a symbol of subservience, and if one wants to fight, one should fight for greater individual freedom rather than for continuation of subservience.
No dialogue with the likely condemned
Mr Ghulam,
Your insistance to impose a particular code of dress is palpable. However, let me clarify here that I do not intend to have dialogue with you because despite your name sounding Muslim, though illogical, the slave of Mohiuddeen (self styled show man who claim to be Sufi but are so independent that even mother is another female for them), so you animalistic life is not suitable to have any exchange.
You are a extremist slave and what one gets to negotiate with a slave when the master matters.
The insistance to call a burqa a burkha and not even a burka shows your rigidity. Thank TCN that despite all this shamefull traits, you are published. May be to make all aware what criminals are upto. Try doing same on your extremist site and see the response. There is always a difference between things Muslim and non.
Response to Mr.Naqqaad
Mr.Naqqaad says, "You are an extremist slave." I am not an extremist slave of antiquated customs. Insistence on living as they did in 7th century Arabia is neither freedom nor is it Islam.
Reply to Anonymous on Women Voters
Anonymous says, "This is just the beginning. Aagey Aagey Dekhiye Hota Hai Kya."
We can be passive recipients of changes imposed by others, or we can ourselves proactively adopt reforms so that our men and women become active and full participants in the affairs of modern India.
Flawed logic
Dear Ghulam,
While not commenting on the seriousness/intent of the petition, I find your explanation silly to say the least.
Why is the right to vote more important - what have we got after 60 years of voting except being used by political outfits for their ends. Had we held on to our Deen with sincerity, we would have been much better off.
It would have been better had you argued for the fact that covering face may not be required under Islam (as per some scholars)- but your comment reflects that you have become subservient to the Western ethos instead of having conviction about your faith.
Shaheen - Yours a fundamentalist logic
Yours is a fundamentalist logic if Mr Ghulam's is a flawed logic (well i think his is progressive view). Let me ask you, how is he subservient to western ethos with what he has said. I know word reforms is a BIG TABOO in Islam, but what Mr Ghulam said about equal participation is against Islam, you mean to say? So for you, just a debate about pros and cons of wearing a burqa is sufficient and particiption in voting is not a really issue for you. May be it is islam that is against democracy and voting or you are just cribbing no one is hearing to your cries for sympathy that prompted to say that. Even after 400 yrs USA still has issues with voting or democracy. Where was India is 60yrs with 1B+ populations and ton of extremist groups pulling in all directions. So, what do you want? Taliban type Shariah?
Giri is can atmost be wrong....
Giri,
Is not this Ghulam yourself to have a shameless discussion? Systemic discrimination and pangs of new born democracy are poles apart. To you the Shariah is only Taliban and you do not bother to listen to those who call it barbarism. Your intention is to malign Islam by association and that is why the Taliban stick in your mind for Shariah. To you democracy and Secularism means being non-Muslim. Do continue your tirades so that your energies are drained. May be this is a Divine way of helping the rightful.
By the way, the not so purposeful (Sikhs were killed for ransom) pogrom by you numerous time is part of democracy. Why not you accept the same in Kashmeer (it is another thing that there was nothing in there), instead you use the same again to malign Islam. Remember, an individual or institution is not enough to do the same. As the Indian saying goes, Truth Always Triumph, so goes Islam.
Doubting Thomas you are..Naqqaad
You are truly a doubting Thomas, because your brain works in that weired way. I am no Ghulam and i don't fear posting in my name what ever i believe. This is second time you doubted me.
Btw, i don't usually respond to fundamentalist pedagogues.
Logic and Giri
Dear Giri,
Please re-read the Indian Consitution (if you haven't done so already)- FYI, India is supposed to be a democratic republic - the rule of majority is accepted BUT with checks and balances so that no section of the population is trampled upon, otherwise democracy becomes mobocracy.
Now, the moot point is all through these years since Independence, Indian Muslims have been participating in the political process (including myself), but what we have received in return is more of mobocracy and less adherence to the Constitutional ideals. In fact, most politicians/bureaucrats are guilty of treachery by 'virtue' of their not upholding the oath to Constitutional propriety.
Thus, my reply to Mr. Ghulam that instead of pleading with the courts for a minor electoral irritant, let us (all like-minded Indians) learn to stand on our own feet, and teach the imbeciles what human dignity means. US has grassroots democracy with an active civil society- something grossly lacking in India, so your comparison is unfounded.
Whether or not burqa impedes equal participation is a separate debate altogether, reforms in Islam may be welcome in its implementation/intrepretation- otherwise Muslims have full faith in the Divine origin of their religion (I hope you know from Ram Sethu that faith rests far above any logic?).
What Muslims want in India is a healthy plural society with respect for all and NO discrimination against religious/linguistic minorities. Every sane Indian should share this sentiment, and this is the true Prophetic model, not what you read in the corporate media.
Shaheen and your logic
Shaheen,
You have changed your tone now. I will tell you one thing, I also have been participating in democracy like millions others, so what have i got in return? same old corrupt politicians. Does this make agitated and oppose anything, everything democratic. Remember, democracy is not a complete solution, it is just the best available solution within what is present. So, we have all religious and political goons and murderers who got elected, and few wise and learned men as well..
Now coming to the point..I never said there is anything wrong with wearing Burqa. But using that to create problems quoting some scripts or fatwas is what is wrong and what you rightly termed as mobocracy. That is what is happenning now with Burqa. How is that, all of a sudden, unvieling Burqa for photos has become a taboo during voting while same is not while taking passports for KSA or HAJ. If KSA does it, it is considered divine and when Kafiristan does it is infringing on Muslim rights? This is not the only thing i oppose, i oppose anything like strikes, dharna which involve loss to public property. See what Telangana agitation has done.
Dear Giri
I have not changed any tone, but have elucidated my viewpoint as you could not comprehend the first time.
Essentially, we are debating whether Burqa is obscurantist (which you now admit it is not as a dress doesn't make one backward) and whether vote is more important. I never supported the petition in the first instance- but you are bent on forcing people to line up in queues for voting with little results.
Right-thinking people should seek justice in the true sense of the word, and not try to perpetuate an unhealthy system. This is what I said that present democracy of India is becoming more like mobocracy and less of what was enshrined in the Constitution.
Petition on burqa is not mobocracy, as you have incorrectly understood (it is a worthless petition only)- rather majoritarianism equals mob rule.
Neither Taliban NOR Hindutva type democracy.....
I believe India needs neither TALIBAN nor HINDUTVA type democracy. Both are two sides of same coin.
TALIBANS are abusing Islam and doing ABUSES in their country. And HINDUTVA / SANGH PARIVAAR is ABUSING Hindu Religion inside (and sometimes outside) Indian territory.
India needs a Liberal / Working-type democracy, where rights of every Indian Citizen is respected, and JUSTICE is imparted without BIAS, as laid out in Indian Constitution.
I believe it is enough of DIVISION among SOCIETIES, HATRED, RELIGIOUS bigotry, SAFFRON agenda IMPLEMENTATION, ABUSE of MINORITIES and CASTE-DISCRIMINATION, etc. etc. etc.
An Observer
Observer do not know that
Observer do not know that there is no such thing like Democracy in Talibans Hanafi(SCHOOL OF THOUGHT).Taliban base Shariah as interpreted by Deobandi school of Hanafi Fiqh.
Democracy is a different religion altogether.
Shaheen is at it again
Shaheen,
I think you are right. Nothing more....
Muslim Women and Voters' List Photoes
Muslim women should understand that the right to vote is more worth fighting for than the "right" to hold on to antiquated customs that subtly or overtly conduce to their continued subservience.
This is just a beginning
Mr. Ghulam,
This is just the beginning. Aagey Aagey Dekhiye Hota Hai Kya. You might not be aware about the current affairs going on in the world.
GIve it a thought.
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