A landmark day for gender justice
Women’s opposition to instant talaq shows India’s evolution
Tuesday was a red letter day for Muslim women and gender justice in India. The Supreme Court struck down the controversial practice of talaq-e-bidat or instant talaq, which gives men the power to end a marriage by uttering “talaq” to their wives three times in succession. Putting an end to the contentious custom — Muslim women in recent times have been divorced over messages, phone calls, e-mails and letters — the court said, what is bad in religion is also bad in law and the discriminatory practice must end. However, a minority view of two judges, supported Talaq-e-Bidat on the grounds that it has been in place for the last 1400 years and reforms to ‘personal law’ in India, with reference to socially unacceptable practices, should come about only by way of legislative intervention.
This judgment is not just a testament to the grit and determination of Shayara Bano and four other women who decided to the take the issue head on and approach the SC, but also Muslim groups, especially women, who came out in protest against instant triple talaq. This is the first time in the life of the Republic that Muslim women challenged an Islamic practice as violative of their fundamental right. What is also reassuring is that these women in the last two years have come out openly to talk about their anguish challenged discriminatory and obstructionist elements in Islam. Besides, efforts of the apex court too need to be lauded – as once again it has risen to the occasion and reasserted its position as protector, enforcer, and guardian of citizens’ rights when governments have failed in their jobs.
The Shayara Bano case also has a striking similarity with the Shah Bano case — at least as regards the plight of the women — decided by the Supreme Court 32 years back. While the court then also came forward to the aid of Muslim women, recognising their right to alimony, the judgment was brought to naught by legislative interference. However, this time around the judgment suits the political establishment. The government had said that it would come out with the law to regulate marriage and divorce among Muslims if the court holds triple talaq as invalid.