“Judiciary cannot create new crimes”: Prof Faizan Mustafa on ‘banning’ Triple Talaq

TCN News | April 17,2017 Aligarh : Professor Faizan Mustafa, Vice-Chancellor of NALSAR University of Law, Hyderabad today delivered a special talk on the topic, ‘Freedom of Religion and Solidarity’ during the Valedictory Function of All India Sir Syed Memorial Debate, 2017, organised by Aligarh Muslim University Students Union (AMUSU) and University Debating and Literary Club at the Assembly Hall, University Polytechnic (Boys). During the lecture, Mustafa pointed out that a country cannot be secular without giving equal right to minorities and without making minorities live without fear. Quoting Mahatma Gandhi, Mustafa said that Gandhi was convinced that genuine religion and its practice leads to solidarity within different communities living in a country. Commenting on the policies of economic development, Mustafa further said that if a country’s human development index is poor, then all the ideas of economic development and progress become irrelevant. He also pointed out that countries in the contemporary world have now started measuring their happiness-index. Talking on the issue of Triple Talaq, Mustafa pointed out that banning triple divorce by the Supreme Court is misplaced, as ‘banning’ would invariably mean ‘prohibiting’ some conduct generally through the instrumentality of ‘criminal law’. “Judiciary cannot create new crimes. We need an Act of Parliament to make an act criminal. If government is interested in reforms, it can bring in a law, but will it work?”, asked Mustafa during the lecture. He further said that religion is the substance to any culture and if religion is taken away from society, there will be a down fall in moral and social values too. He said, “Indians are religious people and they live under the jurisdiction of various faiths they follow, which makes them honest and law abiding citizens as well.” “Even in India, secularism has sustained not because of religious minorities, but because of the liberal people from the majority Hindu community, who have always protested suppression of religious, ethnic and linguistic minorities.” Mustafa also emphasized that religion has huge contribution in structures of societies and cultures as it provides checks and balances in the behavior of people. “A God fearing man, will abstain from committing sins while abiding with existing laws in the country,” said Mustafa adding that however, there are people, who kill in the name of religion because there is a decline in spirituality and increase in religiosity. After the lecture, Mustafa was joined by Mohibul Haq, Associate Professor at Department of Political Science; Omar S Peerzada, AMU Public Relations Officer and Faizul Hasan, President AMUSU for the distribution of prizes to the winners of the Sir Syed Memorial Debate 2017. Professor Mairaj Ahmad, Asif Akhlaq and Wajahat Jilani conducted the program, while Faizul Hasan proposed the vote of thanks. Source : TCN