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Darul Qaza akin to Church Tribunals, Village Panchayats: Flavia Agnes

Friday September 28, 2018 5:43 PM, News Network

Darul Qaza and Shariah Court

Mumbai: Rejecting the objections raised by right wing Hindu organisations and people associated with the ruling dispensation, noted activist Flavia Agnes said Darul Qazas run by All India Muslim Personal Law Board (AIMPLB) are similar to Church Tribunals and Village Panchayats.

"Even among Christians and Hindus such alternatives are available. Christians have their own Church Tribunals and many lower caste Hindus approach their Caste Panchayats or Village Panchayats to resolve family disputes", Flavia Agnes said in reply to a question in an interview with IndiaSpend.

A Darul Qaza is in reality dispute resolution centres arbitrated by religious law experts. But it is wrongly attributed as Shariah Court or a parallel system opposing or undermining the country's judiciary.

"An impression seems to have been created that this move to set up Darul Qazas in every district is driven by an objective to undermine the impact of the recent constitutional bench ruling in the triple talaq (Shayara Bano vs Union of India) case, which had declared triple talaq invalid last August. But this premise has no basis since darul qazas have been functioning in India for a long time", she said in reply to another question.

Agnes also said that Darul Qazas, like Village Panchayats and Church Tribunals, are actually helping the judiciary and sharing its burden by resolving family disputes at their level.

"Today our judiciary is clogged and cases drag on for a very long time. So actually solving disputes through alternative dispute resolution mechanisms like Lok Adalats (People’s Courts), mediation centres etc. are encouraged", Agnes, a leading women’s rights lawyer and co-founder of Majlis, said.

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