Between Companionship and Alienation in Literature and Cinema: Reimagining Personal Law through Mahasweta Devi’s Story “The Divorce (Talaq)” and B.R. Chopra’s “Nikaah”

Main Article Content

Dr. B. Anitha*
R. Subhan Tilak Basha

Abstract

It is evident that literature documents the incidents of the society, shaped in the form of variety of genres.   The evolution of mankind is found in a well weaved genres in the pages of literature. Indeed, through these genres mankind witnesses the society once it was. It is evident that literature educates the society with rational and irrational practices and eventually, it brings in the transformation of the society.  Mahasweta Devi’s story “The Divorce (Talaq)” and Achala Naga’s play “Nikaah” was written according to the then societal practices of a community “the Triple Talaq” which is now the concern of the present Indian law. The Indian Constitution epitomizes the mutual vision of the people of India. It has set laws considering sectarian concerns. More specifically, the Fundamental rights of Indian citizens are much sought after topic of discussion on distinguished platforms.  Nevertheless, under protection of Rights on Marriage, a Bill was passed in 2019 in protection of Muslim Women (citizens) Rights on Marriage. The Muslim Women Bill in other words ‘Triple Talaq’ confirms that it’s a criminal offence.  Does this Bill in reality accepted by all?  or Does victim choose to a medial solution to Talaq?   The present research throws light on these questions and also the need of the Women Bill and the consequences faced by the Muslim women before and after the Bill referring to Mahasweta Devi’s story “The Divorce (Talaq)” and B.R. Chopra’s Hindi cinema “Nikaah” which is based on Achala Nagar’s play.

Article Details

Section
Articles

References

Devi, Mahasweta. Till Death Do Us Part. Translated by Iyengar Vikram. Calcutta: Seagull, 2001.

NIKAAH. Directed by B.R. Chopra. Written by Achala Nagar. Performances by Raj Babbar, Deepak Parashar, Salma Agha. B.R.Cinemas. 1982.

Beauvoir, De Simone. The Second Sex. New York: Vintage Books, 1989.

Butler, Judith. Gender Trouble: Feminism and the Subversion of Identity. Routledge, 2006.

Islamic Law vs. Patriarchal Systems: A Woman ' s Perspective Azizah Y. al-Hibri University of Richmond, aalhibri@richmond.edu. 2002

Haifaa A. Jawad, The Rights of Women in Islam: An Authentic Approach, New York: St. Martin’s Press, Inc., 1998.

Ritu Menon & Zoya Hasan, In a Minority: Essays on Muslim Women in India, New Delhi: Oxford University Press, 2005.

Sylvia Vatuk, “‘Where Will She Go? What Will She Do?” Paternalism toward Women in the Administration of Muslim Personal Law in Contemporary India”, in Religion and Personal Law in Secular India A Call to Judgment, ed. Gerald James Larson Bloomington, U.S.A.: Indiana University Press, 2001, p. 233.

Mullaly, Siobhan. “Feminism and Multicultural Dilemmas in India: Revisiting the Shah Bano Case”. Oxford Journal of Legal Studies, Volume 24, Issue 4, WINTER , Pages 671–692.

Maidul Islam. Rethinking Muslim Personal Law: ImprintRoutledge, 2022.

(eBook ISBN9781003211884)

https://lawbhoomi.com/shah-bano-case-summary/#Facts_of_the_Case

https://www.scobserver.in/cases/shayara-bano-union-india-triple-talaq-case- background/

https://blog.ipleaders.in/shayara-bano-v-union-of-india/

https://timesofindia.indiatimes.com/india/on-this-day-supreme-court-of-india-deemed-triple-talaq-unconstitutional/articleshow/102936454.cms

https://www.theguardian.com/lifeandstyle/2019/feb/16/divorce-islam-me-woman-who-left-two-husbands

https://www.ndtv.com/india-news/here-are-the-women-who-took-their-fight-against-triple-talaq-to-supreme-court-1740412

Mohammad Taqi al-Modarresi (26 March 2016). The Laws of Islam (PDF). Enlight Press. ISBN 978-0994240989. Archived from the original (PDF) on 2 August 2019. Retrieved 23 December 2017.

https://lawbhoomi.com/shah-bano-case-summary/#Facts_of_the_Case

Mohd. Ahmad Khan v. Shah Bano Begum [1985],[1] commonly referred to as the Shah Bano case.