Outlawing instant triple talaq wise and fair

The Supreme Court’s striking down of talaq-e-biddat or the practice of Muslim men instantly divorcing their wives by uttering talaq thrice consecutively is a historic decision that should go a long way in empowering Muslim women. At the same time, it should catalyze more reforms in the personal law of Muslims as well as of other religious faiths. The split 3:2 verdict will help Muslim women in breaking through the oppressive patriarchy and the stereotypes that corner them. Assailing the practice of Triple Talaq, senior counsel Indira Jaising had asked during the hearing that if the free informed consent of the woman was imperative for the union of two people in marriage, then how could the unilateral act of divorce survive. Ironically, 'instant Triple Talaq' has been done away in several countries where Islamic law prevails. Even Pakistan has outlawed this unfair and pernicious practice. While Justice U.U Lalit, Justice Joseph and Justice Nariman held triple 'talaq' as unconstitutional, Chief Justice Khehar and Justice Abdul Nazeer held it constitutional. The verdict is a slap on the face of the obscurantists, especially the Muslim Personal Law Board, which had been fighting for retention of the right of triple talaq. Politically, it is a big victory for the BJP which had made no bones about the need to outlaw triple talaq and to empower Muslim women against the dictates of the Mullahs. It would be interesting to see how the parties that have long played the minorities card would respond to the new situation.

Contrary to what some commentators are saying, the judgement has not made it incumbent on Parliament to pass a law outlawing triple talaq before the court accepts the change. The matter has ended with the majority view being that triple talaq is unconstitutional. If legislation is to be passed, it can well be on other aspects of Muslim personal law. The BJP has also been clamouring for a common personal law for all. This resolve of the saffron party will be tested if the party comes up with a common personal law and tries to navigate it through Parliament. Whatever may have been the stand of a large section of Muslim men in their pursuit of male superiority, they must now see the writing on the wall and gracefully accept the apex court verdict and open a new chapter in treating women as equals. That is a call of the times which must be duly respected.