Politics, Court, and Religion in India

Wednesday Forum – 17 May 2023

The Supreme Court of India examines the constitutionality of the Talaq-e-biddat, a practice to seek divorce among the Muslims in India. Seeking a remedy to this practice, the petitioner appeals that the court should declare it invalid because it is gender discriminatory, arbitrary, and is not an essential part of the religion. Through the majority judgment, Talaq-e-biddat is set aside, which is based on the essential religious practice test and doctrine of arbitrariness. This case engages questions of gender equality, right to religion, and authority of the judiciary to intervene in the personal laws. While engaging with the Article 25 on religious freedom, this paper aims to argue that the liberal rights are used by citizens to claim religious rights. It shows the politics of society in India which is influenced by the majority religion. It does so by conducting an in-depth textual analysis of the Triple Talaq case record and interviews conducted with lawyers, journalists, and activists.

Mengapa orang-orang “rasional” terbelah soal politik dan agama? Benarkah mereka rasional?

Abstract
Tony Albert is a politically-minded artist provoked by stereotypical representations of Aboriginal people and the colonial history that attempts to define him, and what Aboriginality is, in the present. Interrogating contemporary legacies of colonialism that have impacted the lives of Aboriginal peoples in his homeland of Australia, he mines popular culture imagery and art historical source material while drawing upon personal and collective histories. His talk will explore Australian politics in relation to his own art practice. Examining the legacy of racial and cultural misrepresentation, particularly of Australia’s Aboriginal people, Albert has developed a universal language that seeks to rewrite historical mistruths and injustice.
Speaker
Tony Albert has spent the majority of his life in Brisbane, but has strong family connections further north to the Girramay and Kuku Yalanji people of the rainforest region of Australia. In 2004 he completed a degree in Visual Arts, majoring in Contemporary Australian Indigenous Art, at Griffith University. His work has been exhibited and collected by major institutions throughout Australia and he is currently artist-in- residence at Cemeti Art House, Yogyakarta.