IMRANA--SUBHASHNI ALI

2th Anniversary August-September  2005  Year 11    No.109-110 Gender Justice

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Violated Women’s organisations speak up for Imrana, a Muslim woman raped by her father-in-law whose marriage was then nullified by a ‘fatwa’ issued by the Darul Uloom madrassa, Deoband, Uttar Pradesh BY SUBHASHINI ALI SAHGAL Muzaffarnagar district has the reputation of being the crime centre of Uttar Pradesh. Not only does it top the crime graph but it also has a tradition of caste panchayats – of Jats, of Dalits, of other Hindu castes and also of Muslims. And these caste panchayats have been passing the most horrific and barbaric edicts with impunity. As a result, there have been lynchings, forced marriages, vicious and violent attacks – mostly on women, Dalits and poor people. Neither the district administration nor the state government has made the slightest effort to intervene and put an end to this endless tale of community-inflicted violence and injustice. With increased reliance being placed on communal and caste mobilisation for votes and power by the major political parties, the situation has only worsened. The most recent example of this has been the Imrana case. Imrana is the wife of Noor Elahi who lived with her husband, their five children and his parents in his home in Charthawal village. In the first week of June she was raped by her father-in-law, Ali Mohammad, while she was asleep in her small room. Weeping bitterly, she immediately went to her mother-in-law in the next room and complained to her. Her mother-in-law begged her to keep quiet and promised her that she would teach her husband a lesson. Noor Elahi was away from home working at a brick kiln. Three days later, Imrana’s brother’s wife came to visit her and was told of the incident. When she told her husband and brothers-in-law, they came to Charthawal and beat Ali Mohammad up. It was then that others in the village came to know of the incident and a ‘panchayat’ of their caste was held. While the panchayat found Ali Mohammad guilty of rape and said that he should be punished by the courts, they also decided that Imrana could no longer live with her husband since she was now like his ‘mother’. It is important to note that no one from the community or from the religious organisations came forward to help Imrana or to take her to the police or the hospital. Some women activists actually performed these important tasks. This gave Imrana and her husband the confidence to defy the panchayat’s edict and live together in her maternal home. On June 25, however, one maulana (cleric) of the Darul Uloom, Deoband, said in reply to a question asked by someone from Delhi that according to Shariah law Imrana could not continue to stay with her husband who should leave her immediately. Darul Uloom wields considerable influence in the area and when word of this got around Ali Mohammad was forced to leave his wife and children. Both he and Imrana were told repeatedly that it was their religious duty to obey this interpretation. This incident has generated a tremendous amount of controversy. Several religious leaders and Islamic scholars of repute like Dr. Tahir Mehmood, Maulana Dr. Karim Madni, Janab Kalbe Sadiq, some members of the All India Muslim Personal Law Board (AIMPLB) and many, many prominent Muslims have denounced this ‘fatwa’ as being un-Islamic, unjust and totally unacceptable. Of course, many others have supported it. The All India Democratic Women’s Association (AIDWA) had intervened in the matter when it condemned the decision of the caste panchayat. Subsequently, when the Darul Uloom fatwa was successful in separating Imrana from her husband it was decided to immediately hold a protest demonstration in Muzaffarnagar itself. At very short notice and despite the fact that there is no AIDWA unit in the district, a large demonstration was held on June 30. More than 300 AIDWA activists from Bijor, Saharanpur and Delhi along with members of Disha, Mahila Samakhya, Astitva, Parcham etc. assembled in the city. Early in the morning, Razia Naqvi (Janwadi Mahila Samiti) and I went to Imrana’s village and met her. She is in a terribly depressed and traumatic state. While she keeps repeating that she cannot go against her religion, she also says that she wants and hopes for justice. The people in her village, both Hindus and Muslims, are very supportive of her and feel that she has been very unjustly treated. We assured Imrana of our support whenever she needed it and in whatever form. Before the demonstration, Ashalata, Sehba Farooqui (AIDWA), Rehana (Astitva), Disha (Mahila Samakhya) and I were able to meet the chairperson of the National Commission for Women who was also in Muzaffarnagar to meet Imrana and her husband. We met Imrana there again. We requested the chairperson, Girija Vyas, to see that Imrana and her husband were given all support and protection and she assured us that this was her intention. Soon after noon, our procession started. Marching with their banners and numerous placards demanding justice for Imrana and assuring her that she was not alone in her battle for justice, shouting slogans of women’s unity and determination, the commitment and anger of the processionists was apparent to all. As the procession went through the crowded streets, people came out of their shops and stopped in their tracks – they had never seen a women’s procession before! And had certainly not seen such angry and determined women in their lives! The procession went right into the district court and a big public meeting was held there. It was very encouraging to see that no one came to oppose us and our stand. Many of the lawyers and other people were there but all of them listened to us and then congratulated us and said that they all supported us and were tired of what was going on in their district in the name of tradition and religion. We were told that just a few days ago, in Charthawal itself a rapist was given five slaps with a slipper as punishment by the panchayat! The meeting was addressed by Sehba Farooqui, Rehana, Naseem, Saira, Ashalata, Aruna, Naseema and myself. In the middle of the meeting, a young burkha-clad woman came up to the mike and said she wanted to speak. She was Azizan, who also lived in Charthawal. She seemed to be a poor woman who had just come out of curiosity to see the procession. She then proceeded to amaze all of us by what she had to say. She said, "Imrana is not the only one. In our village the fathers of most of the young men who are away – whether they have gone for work, or they are in jail or whatever – force their daughters-in-law to have sexual relations with them. If this is what is happening to Imrana, who will ever dare to speak out?" And this is the question that is troubling everyone. And the fact that in a heinous case of rape, it is the innocent victim who is being punished mercilessly. As the speakers at the rally said, the Imrana case has once again demonstrated that religious courts and organisations cannot be given the right to implement their judgements and decisions. It has once again demonstrated that personal laws have to be reformed on the basis of gender justice and human rights and then codified. It has once again demonstrated how fundamentalists of one hue encourage and strengthen those of another – the alacrity with which the BJP has jumped to the ‘defence’ of Muslim women when it has always thwarted all attempts to reform laws in favour of Hindu women is a telling example of this. The speakers also condemned not only the administration for its silence but also the chief minister, Mulayam Singh Yadav, who had announced that Imrana’s fate was best left to be decided by ‘wise’ religious men. They said that since he was committed to upholding the Constitution he was bound to protect citizens like Imrana and her husband and give them all the support they needed. As the rally ended, all the women participants and many of those who had been listening expressed their commitment to fighting injustice of the kind that Imrana and many others like her were facing. (The writer is president, All India Democratic Women’s Association, and heads the affiliate Janwadi Mahila Samiti. This article was first published in People’s Democracy).

THE TELEGRAPH

Imrana rape splits Muslim board RASHEED KIDWAI June 28: The alleged rape of Imrana, a mother of five, by her father-in-law has split the All India Muslim Personal Law Board, the apex decision-making body of the community, along sectarian lines. Followers of the Hanfi school (named after Imam Abu Hanifa) are firm that the rape victim’s marriage stands automatically annulled because father-son relations are “sacred”, while followers of the Shafai school argue that she cannot be punished further. In India, most of the Sunni population belongs to either of the two schools. Board chief Maulana Rabey Nadvi, who is in Mumbai, yesterday spent a busy day trying to put a lid on the controversy. The rector of the Nadwa school of theology spoke to some senior office-bearers, wondering why the board was being dragged into a matter that should be dealt with according to criminal justice proceedings. Word has been sent to board members not to issue statements on the Imrana rape case as it falls beyond its mandate. The board, Nadvi said, is primarily meant to protect Shariat law in civil matters. Pri-ma facie, Imrana’s case has serious criminal and legal implications that should take precedence over other matters. Yesterday, a board member had said in Lucknow that Imrana must separate from her husband. But that was an individual view, not the board’s stand. Nadvi is of the view that fatwas in such matters lower the prestige of local panchayats and theological schools. First, fatwas issued by theological schools have no locus standi since there is no mechanism to ensure their implementation. Secondly, those issuing fatwas lack basic information such as the sequence of events, statements, cross-examination, necessary to impart justice. Imrana was allegedly raped by her father-in-law at Muzaffarnagar in western Uttar Pradesh. The village’s Islamic panchayat asked her to abandon her husband Noor Illahi but a defiant Imrana initially refused to obey the order. Yesterday, after the Deoband school of theology said in a fatwa that Imrana’s marriage with Noor Ilahi is nullified and they must split, the rape victim said in Muzaffarnagar that she and her husband would obey the order. The Deoband muftis also ruled out the possibility of Imrana marrying her father-in-law, pointing out that under Islamic law, he should face death penalty. The lone woman board member, Begum Naseem Iqtedar Ali Khan, said in Lucknow yesterday that she agreed with the muftis’ order. But some board members feel this case should not be seen as a Muslim issue. Board member Kamal Farooqui said: “It was a heinous crime that should not have occurred in a civilised society. The culprit must be punished in the most severe manner possible. That is it. As for future of Imrana, it should be her decision.” He clarified that this was his personal view. Legal experts in the board are also asking how a rape victim’s name is being bandied about when a Supreme Court verdict has strictly prohibited this. Coming barely few months after the agreement on the model nikahnama in Bhopal and creation of parallel women, Shia and Barelvi law boards, the Imrana controversy has again shaken the fragile unity within the board.

Will Someone Speak for Imrana? by Dr. Syeda Hameed

Will Someone Speak for Imrana? by Dr. Syeda Hameed

Punishing The Victim | Subhashini Ali Sahgal

Punishing The Victim | Subhashini Ali Sahgal

KISSA IMRANA NOOR ILAHEE

MUSLIM POLITICAL COUNCIL ON IMRANA

Posted Online on Thursday 14, July 2005 01:59 IST

Muslim Political Council's report on the Imrana episode Published in the print edition of The Milli Gazette (16-31 July 2005) The following is a translation of a report issued on 25 June 2005 by the Delhi-based Muslim Political Council after its delegation headed by Dr Taslim Rehmani visited Charthawal village and video recorded interviews there which was later shown to the media at Delhi on 30 June: The way in which the print and electronic media have presented the incident of the alleged violation of chastity, or rape, of a Muslim woman, Imrana, by her father-in-law, Mohammed Ali in Muzaffarnagar district's Charthawal town is against facts. The whole incident is a case of calumny, a result of an unsuccessful attempt by the media to blackmail Imrana and her in-laws. There was neither any panchayat meeting in Charthawal about the incident nor any Darul Uloom, Darul Ifta or Mufti, etc. issued any formal fatwa on this issue. The statement published or telecast by the newsmedia that Imrana and her husband Noor Ilahi have expressed their views not to abide by the verdict of Shariat and instead to agree to the verdict of a civil court is also not correct. The above views were expressed by an 8-member delegation of the Muslim Political Council of India on its return to Delhi after touring Charthawal and meeting the people there. This delegation was led by the president of the Council, Dr Tasleem Ahmad Rahmani. On their visit to Charthawal, these people met the concerned persons, had detailed discussion with them and video-recorded their statements. It was stated that some twenty days ago, Imrana’s father-in-law Mohammed Ali tried to molest and rape her around 10 at night. Imrana immediately complained about it to her mother-in-law who apologized to her (Imrana) and beseeched her not to tell this to anyone, including her husband Noor Ilahi, so that the family should not earn a bad name. But Imrana told this incident to her husband Noor Ilahi on his return. Thereafter, both Imrana and Noor Ilahi mentioned this to Imrana’s brothers who along with other members of the family had a fight with Mohammed Ali and thrashed him. It may be stated here that Imrana’s parents are no more. Some two-three persons in the locality intervened and decided that Imrana, being the daughter-in-law of the house, will continue to live here. This was the joint decision of the responsible members of the two families. No panchayat had any say in this decision. This matter would have ended there if some selfish persons would not have interfered in the matter and made Hindi daily Dainik Jagran‘s reporter, Skakti, a party to this incident. Noor Ilahi’s two close relatives Jameel and Shah Deen revealed the incident to Shakti and thereafter tried to blackmail Noor Ilahi and his family members by saying that he should pay Rs 10,000, otherwise the whole incident will be published in Dainik Jagran. Poor Noor Ilahi and his family members were not in a position to pay this amount and expressed their inability. True to their words, the entire incident was published in next day’s issue of Dainik Jagran.

When Zee TV’s representative, Dileep, read this news, he made a spicy news based on this incident and telecast it on Zee TV. Thereafter the whole electronic media was attracted to this and each channel presented this news according to its own expediency and business interests, without any reliable and authentic enquiry, in such a way as if this was judgement or fatwa of Islamic Shariah. Some self-styled policemen of Shariat compelled Imrana and her husband to live separately. Thereafter, some women’s organisations met Imrana and allegedly offered her Rs 5000 without any demand from her and insisted upon her to make a statement that instead of Shariah judgement, she will give preference to court’s judgement. It may also be noted that Imrana on her own did not lodge any complaint with the police, but after the publication of the news, police on its own came to Imrana and on the pretext of orders from above compelled her to give a statement. Not only this, after continuous insistence they got her medically examined after 15 days and compelled her to have her statement recorded before a magistrate. One can only imagine as to what would be the medical report of a married woman, 15 days after she was allegedly raped, especially that she was living with her husband for quite sometime after the alleged rape, not to speak of the authenticity and correctness of this step. The background of this whole matter is that for the past several months a dispute is going on between Noor Ilahi and his father about partition of their ancestral house. Noor’s father wants to sell the house to pay the debt of Rs 20,000 but Noor and Imrana do not want the house to be sold. Because of the lingering dispute, according to eye-witnesses, three days before the alleged incident in question Imrana’s father-in-law Mohammed Ali had made an unsuccessful attempt to commit suicide by swallowing poison. As regards fatwa in this case, it is meaningless because the above mentioned two persons Jameel and Shah Deen had casually asked Mohammed Shameem, a local maulvi who is a teacher in a local Madrasa and who is neither a Mufti nor has a deep knowledge of Shariat, that if a father-in-law rapes or commits adultery with his daughter-in-law, what is Shariat’s rule for such a person or such an act. Maulvi Mohammed Shameem, without referring to Shariat, expressed his own opinion that the marriage of such a wife to her husband will be annulled. When the delegation members talked to Maulvi Shameem in this connection, he said that he was neither fully aware of this incident nor had expected the gravity or consequences of his views. He had simply given his opinion when asked about it. In spite of repeatedly questioning by the delegation about the basis in Shariat of this rule, he failed to give any logical reference. Local Ulama and some responsible people told the delegation that the views of Shar’i court of Muzaffarnagar district have been sought in this case but so far no reply has been received. Darul Uloom, Deoband has also declined to issue anyfatwa in this matter and advised to refer this case to Muzaffarnagar Shariah court at Sarawat. After visiting Charthawal, and making enquiries and recording the statements of the concerned people, the Muslim Political Council feels that this incident is nothing but sensationalisation of an incident by media, the aim of which is simply to blow up a small and ordinary incident in order to project a bad image of Muslims and make fun of Islam. The Council feels that such attitude of the media is a criminal conspiracy to discredit Islam and such incidents receive wide publicity because the Muslim Personal Law Board and other Muslim organisations adopt criminal silence or raise their voice only when the conspiracies of the enemies are almost successful. The President of the Council has demanded that the Muslim Personal Law Board should take immediate action in such cases and should also take immediate steps to counter the unnecessary and irresponsible statements of Maulvis and non-Muftis, and take disciplinary action against them. At the same time, it should make known Shar’i commands and instructions regarding such cases so that irresponsible media should not get any opportunity to indulge in such shameless and base games. Dr Rahmani has warned Indian media that if no caution and control is exercised in reporting religious events or incidents with religious implications, the matter will be brought to the notice of the Press Council of India and suitable legal action will be taken against the erring media. The delegation included Pervez Aftab Siddiqi, General Secretary, Dr Hasan Raza Kameli, spokesman, Sayeed Ahmad, Maulana Arshad Jamali, Salim Amrohi, Badruzzaman etc. Earlier, a two-member delegation comprising Sayeed Ahmad and Mirza Aabad Husain had visited Charthawal to make preliminary enquiries. Muslim Political Council of India, www.mpcindia.org, drrehmani2003@yahoo.co.in «  Read Also: - Imrana case: Rape by Media :: Imrana on video - no rape - Text of the Question and fatwa on Imrana - Statements on Imrana case - "Deoband Fatwa" Latest Indian Muslim Islamic News Latest Indian Muslim Organisation Press Releases / Statements