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10:22 pm - Wednesday February 21, 2018

Triple Talaq Quashed

On the historic day of August 22 of 2017 the Supreme Court of India quashed the practice of triple talaq among the Muslims declaring it unconstitutional, illegal and void. The Court held that the practice of triple talaq was against the basic tenets of Quran hence unacceptable and set it aside.

Long back during the British Rule in India the Governor General Lord William Bentic abolished the mot barbarous practice of “Sati” among the Hindus on a campaign and petition by the legendry Hindu reformist Raja Ram Mohan Roy. It is a 3-2 majority judgment of the Constitutional Bench of the Supreme Court, the other two judges are also not against the triple talaq and in their views it should done by the Executive and the Parliament by enacting a law.

Their intention was not to scrap it by the judgment. The three judge Mr.Justice RF Nariman, Justice Mr.Kurian Joseph and Justice UU Lalit said firmly that the triple talaq is manifestly arbitrary and violative of Constitution and must be struck down. While other two judges the Chief Justice Mr.JS Khehar and Justice Mr.S Abdul Nazeer wanted to keep on hold the Practice of triple talaq for six months and ask the Government to come out with a law.

Justice Kurian said the triple talaq is bad in theology and bad in law. The Court gave the judgment on seven petitions including five separate petitions for filed by Muslim women challenging the prevalent practice of triple talaq. Justice Nariman in his judgment said it was not possible for the Court to fold its hand when petitioners come to the court for justice.

The Article 25 of the Constitution which give right to freedom of religion does not give protection to the practice of triple talaq. The All India Muslim Women Personal Law Board hailed the Court verdict. It would give a new lease of life to Muslim women who suffered it.

Prime Minister Mr.Narendra Modi welcomed the judgment as historic and powerful measure for women empowerment. It granted equality to Muslim women. Now in this light and atmosphere Mr.Modi should so further to get the law repealed that was enacted during the Prime Minister Mr.Rajiv Gandhi time to dilute the effects of Supreme Court judgment in the Shah Bano case.

In that case of talaq the Supreme Court gave the judgment that after the talaq Shah Bano was entitled to have maintenance from the ex-husband. The outdated and conservative Muslims males opposed it as not admissible in religious practice. The Supreme Court judgment as equity law prevailed. The fanatic Muslims demanded from the Central Government that by framing a new law the effects of the judgment be diluted.

The Prime Minister Mr.Rajiv Gandhi got a law enacted to that effect. Even after the divorce a housewife and their children have life to live and maintenance after the divorce is maintainable in all the communities except Muslim women. To discriminate Muslim women only is also bad in law, against the equality and it is also unconstitutional. The Muslim women after the judgment in triple talaq should launch movement for maintenance to Muslims women also after the divorce.

In the case the stand of the Government was that Muslim marriage and divorce is codified under Section 2 of the Shariat Act of 1937 and came within the orbit of law under the Article 13 of the Constitution. Hence, they should abide by the principles of dignity and non-discrimination. After the judgment the All India Muslim Personal Law Board announced that it would discuss the judgment in its executive meeting at Bhopal on September 10.

The President of the All India Muslim Women Personal Law Board Shaista Amber said this was a historic judgment and freedom the agony from triple talaq. Some Muslim clerics interfered in the Islam and gave wrong interpretation of Muslim laws. It appears from the initial reactions of the Muslim men Board will ask the Government not in enact any law on triple talaq.

But in the judgment the Supreme Court has asked the Government to enact law the Muslim talaq. But in Shah Bano case the Board itself insisted that there should be a law to dilute the Supreme Court judgment in the Shah Bano case.

The Supreme Court judgment set a path by this judgment for the emancipation of Muslim women from the religious tyranny and inequality. Our constitution granted it as fundament right of equality, dignity in life and against discrimination. The Muslim women have come a long way to have it.

Posted in: Editorial

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