Saffron parties call it a ‘moral victory’

These women are your mothers, sisters and daughters, you should be celebrating this ...If you are not happy, then you are rejecting a heavenly order

The Supreme Court’s judgment striking down the practice of instant triple talaq as illegal has been received as a “moral victory” and a “historic” judgment by the ruling BJP.

Prime Minister Narendra Modi who hailed the spirit of the women fighting the practice of ‘triple talaq’ from the ramparts of Red Fort during his Independence Day speech, welcomed the apex court’s decision as one that would grant equality to Muslim women. He said the judgment will serve as a “powerful measure for women’s empowerment”.

BJP’s bid to raise the contentious issue of seeking a ban on the practice was dubbed as a political gimmick and even as an attempted infraction of the Muslim personal law. But the party that has been a votary of a Uniform Civil Code followed Modi’s cue to flag the issue as that of gender parity rather than of religious tenor.

On Tuesday, his party colleagues stuck to the script and described the judgment as one that would accord equality to Muslim women. Party president Amit Shah said the “historic” decision has marked the beginning of a new epoch of equality and self respect for Muslim women. He said the decision is a “resolute step towards New India” and a “victory of rights to equality and constitutional rights”.

Law Minister Ravi Shankar Prasad said the issue is not of faith, religion or worship; it is solely about gender justice, dignity and equality. “It is a great dawn for women in the country. More than 22 countries have either abolished triple talaq or regulated it or laid down stringent pre-conditions.”

BJP’s ally the Shiv Sena too welcomed the decision and said it must be used to lay the foundation of a secure future for women from the community. The party also said it must not be seen through the prism of religion.

BJP’s mentor, the RSS too hailed the verdict. Senior leader Indresh Kumar said it should be celebrated as “Islam saved from orthodoxy day” . Kumar, who is the patron of Muslim Rashtriya Manch, said: “These women are your mothers, sisters and daughters, you should celebrate this. If you are not happy, then you are rejecting a heavenly order.”

Courtroom number one, where the Chief Justice of India presides, was teeming on Tuesday morning with advocates, media persons and social activists, all awaiting the arrival of the five judges of a multi-faith Constitution bench.

The judges’ entry was preceded by their personal staff handing over bulky envelopes to the court master.

As the guessing game continued, the judges emerged from the door that leads to the judges’ corridor — an apex court area which is out of bounds for the public. It was time for the packets to be unsealed.

Being the senior most judge on the bench, CJI Khehar pronounced his verdict first and rejected the demand to declare instant triple talaq unconstitutional. Even before he could complete reading his judgement, a few journalists left the courtroom to break what they thought to be the final verdict.

“SC upholds triple talaq,” flashed a few media outlets.

The lawyers appearing for the petitioners bore looks of confusion as there was no clarification on whether the other judges supported the CJI’s views.

Justice Kurian Joseph read his judgement next and ruled against the continuation of triple talaq. He too, however, did not clarify what the majority view was.

Uncertainty remained even when Justice RF Nariman pronounced his verdict and took a stance similar to Justice Joseph’s. There was still no clarity over whether the controversial practice would continue as Justices UU Lalit and SA Nazeer decisions were not known.

It was the last line spoken by Justice Nariman that settled the issue and brought smiles on the faces of petitioners’ lawyers.

“I want to say that my brother judge, Justice Lalit, concurs with mine and Justice Joseph’s views,” he said before signing his verdict.

Thereafter, the CJI Khehar declared: “In view of the different opinions recorded, by a majority of 3:2 the practice of ‘talaq-e-biddat’ – triple talaq is set aside.”