The Triple Talaq Trouble


There have already been innumerable debates and disclaimers on the recent verdict by Supreme Court on the practice of Islamic triple talaq with a contradiction of opinions among the panel of judges. Where Justice J S Khehar and Justice Abdul Nazeer, translate it as interference into the religious matter considering it hypocrite in regard to the right to religion under the Fundamental Rights hence violating the Constitution. On the other hand, the majority judgement prevailed with the contrasting point presented by Justice Rohinton Nariman, Justice Uday Lalit, and Justice Kurian Joseph– who opined that the provocation of triple talaq is not a Quranic mandate thus it shouldn’t be taken as interference into the privacy of law for the Muslim community. Moreover, as a matter of fact, it is the utmost duty of the judiciary to protect the interest of the Indian Muslim women constituting 100 million residents of the country against such discriminatory and rational practice that don’t even find legal validation in most of Islamslam countries like Pakistan, Bangladesh, Iran, Iraq but was in practice for so long in secular one like India.

The judgement wasn’t staggering but its delay in initiation and split in opinion is. Well, is it enough keeping in the knowledge that a religion can’t be abided by a set of laws in a book or a sacred book but is a way of life and so is Islamism with a single stroke of a doubt? The struggle of countless women alongside Shah Bano to Shayara Bano is just not being put to an end with this auspicious outcome. It’s just a few steps over the line of start that was been waged for over more than 20 years and has a long way to be exercised before reaching the final mark. That greatest toiling is yet to come with the further implementation of this notion in the society and ultimately into people’s mind.

Even though the victory of paramount importance is obtained by the ultimate sanction of five male judges deciding the fate of millions of females fighting their way out into the world with a clearer look of equality from the present air of haze and mist, a great emphasis lies on the reason and outcome of the decision and moreover an applaudable one…finally!


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