Author: Press Trust of India
Publication: The Indian Express
Date: April 21, 2006
URL: http://www.expressindia.com/fullstory.php?newsid=66459
[Note from the Hindu Vivek Kendra: Will the
secularists who make an exception in case of Hinduism (like a stray case of
sati) into an international event, take a public stance on this issue? We
doubt it. The definition of secularism for the secularists is different from
that of the Supreme Court.]
The Supreme Court on Friday directed the Orissa
government to provide police protection to a Muslim couple who were forced
to separate after local clerics issued a fatwa that they were divorced even
though they wanted to live together.
The husband of petitioner Nazma Biwi had pronounced
triple talaq in an inebriated condition in 2004 but later realizing his mistake,
he decided to live with his wife and three children.
However, local clerics at Bhadrak issued a
fatwa that they were divorced and hence could not live together. Thereafter
the couple was forced to live separately by the community.
"No one can force them to live separately.
This is a secular country. All communities---Hindus or Muslims should behave
in civilised manner", a bench of Justice Ruma Pal, Justice C K Thakker
and Justice Markandey Katju observed.
The observation came after the petioner's
counsel complained that the couple continue to be ostracised by the Muslim
community at Bhadrak in Orissa.
Orissa government counsel Shibo Shanker Mishra
sought two weeks to file reply to Nazma's petition and the court obliged.
Earlier Nazma had approached the High Court
against the fatwa and had sought police protection from her community men
who were allegedly harassing the couple.
The incident had created a nation-wide controversy
with various women organisations and civil society groups taking up cudgels
on behalf of the harassed couple.
The clerics had said that if Nazma wanted
to live with her husband, she must perform 'halala' (she must marry another
man and the marriage must be consummated, after which she can get a divorce
and then re-marry her first husband).
However, Nazma refused to do so, and instead
knocked at the doors of the court.
