By delivering the triple talaq judgement, the apex court has given a new lease of life to the Muslim women who have welcomed the verdict as a victory of humanity over cruelty. The Union Government must now waste no time to enact a law to a ban on this age-old practice for the good
Muslim women in India have earned a new freedom — freedom from the archaic practice of triple talaq, thanks to the petitioners and also the Supreme Court of India.
In a landmark judgement, the apex court, on August 22, held the age-old practice of triple talaq by men, whereby they divorce their wives at will under Islamic practice, as “unconstitutional”. The Supreme Court also directed the Union Government to bring a legislation in place to end this practice.
A five-judge bench of the Supreme Court ruled that the practice of triple talaq violated Article 14 of the Indian Constitution that guarantees right to equality before law.
There were two dissenting judgements — one by the Chief Justice of India, Justice JS Khehar and the other by Justice SA Nazeer. Three judges, namely, Justice Rohinton Fali Nariman, Justice Uday lalit and Justice Joseph Kurian delivered the majority ruling, holding the practice of triple talaq as unconstitutional.
In his dissenting judgement, Chief Justice Khehar and Justice Nazeer said, “Recognise tirple talaq as part of Islamic practices; followed by Sunni Muslims of Hanafi school for 1400 years”.
“Part of right to religion as guaranteed under Article 25 does not violate Article 14, 15 and 21 of the Indian Constitution.”
“As part of personal law has stature equal to fundamental right. Courts can’t set it aside”.
“Government should enact a law, banning triple talaq as it had done for sati and devdasi system among Hindus”.
The dissenting order has held that till such law is enacted, Muslim men should not be allowed to practice tirple talaq to divorce their wives.
The majority judgement says, “This practice of triple talaq is arbitrary as marital tie can be broken capriciously and whimsically….. without any attempt of reconciliation”.
“Triple talaq is only one of three permissible forms in Islam; stated to be sinful by the very Hanafi school that tolerate it. It is arbitrary and violates Article 14 of the Indian Constitution”.
In majority judgement, Justice Kurian further noted that “...The practice is not dictated by Quran; hence it is not integral to Islam”.
Notwithstanding the historic judgement on triple talaq, there are also politicians and self-styled thekedars of the Muslim society, who will debate and contest the judgement in favour of banning the practice of triple talaq.
But a vast majority of Indians, including Muslim women and some sane elements amongst the believers of Islam, like Arif Md Khan, who are against the practice of triple talaq, would stand firmly by the Government’s move to end the evil practice of triple talaq.
Some people are habitually inclined to oppose anything and everything that is good for the society if it is initiated by the National Democratic Alliance Government. The Bharatiya Janata Party has always stood by the rights of the people, including the rights of women, which also includes Muslim women of the country.
However, it remains to be seen how the Members of Parliament on Opposition benches in both the Houses behave when the Bill to end triple talaq is brought before the Parliament.
The Modi Government should not delay in bringing a legislation in Parliament any further. I hope the legislation is put before during the winter session of Parliament that would commence sometime in November next.
Without further going into the details of the judgment, which has already been published, I would like to make my observation on the issue that has been a subject of intense debate in the society since a long time.
It is said that justice is blind else the statue of justice a lady would not be seen blind folded. Many conservative clerics and other radical Islamic organisations tried hard to push the case of status quo, citing that triple talaq is a matter of faith and practice under Islam.
But by delivering the judgement, the apex court has given a new lease of life to the Muslim women, who have welcomed the verdict as a victory of humanity over cruelty. The Government is now going to enact a law on the practice of triple talaq to ban it for the good.
To know the real condition of Muslim women in India, one must read a book by Abdul Bismillah titled, Jhini Jhini Bini Chunaria, which gives a better insight into the plight of Muslim women, especially in north India.
The writer has described the condition of wage earning Muslim family where Muslim women are second and third-rate members of the family.
A women character in the novel says, “What is the role of a women — cook food, sleep on bed with husband, give birth to children and serve the man as bonded labourer. If you fail in your duty or in the estimation of your husband, then face…talaq talaq talaq”.
A Muslim friend of mine says, “Even Allah does not like talaq”.
Nasira Sarma, in her book, Saat Nadiyan Ek Samandar says, “It is difficult to understand women. She would bear atrocities but would not say her tormentor a tormentor.”
Coming out of the periphery of books and novels, I would also like to know, are Muslim women out of the purview of social justiceIJ
(The writer is a Member of Rajya Sabha)