DNA Edit: A Historic Judgement

The Supreme Court has, in a landmark judgement, paved the way for millions of Indian Muslim women to live free from the fear of triple talaq. A revolting practice, this custom permits men of the community the right to legally divorce their wives by pronouncing talaq, either orally or in writing. With technological advancements, this practice has perverted further, as many resort to divorcing women by delivering the diktat via SMS, email or even WhatsApp or Skype.

Thankfully, the apex court, by a 3:2 majority, has ruled that Muslim women cannot be oppressed in the garb of customs. In their judgement, Justices Rohinton Nariman, Uday Lalit, and Kurian Joseph found that the practice is not compatible with theology, and therefore cannot find any protection under the common law of the country. The SC has also imposed a six-month stay on the custom, thereby giving Parliament a lengthy window to enact a legislation on this sensitive topic.

It has also exhorted all political parties to set aside their ideological differences and frame a law in this regard. In its wisdom, the court has also marked out that in case Parliament fails to enact a legislation, the imposition of the stay will continue. Let’s not also forget that in the end, a government panned by the liberal brigade as ‘anti-minority’ and ‘anti-feministic’ came to the rescue of Muslim women in India. Had the PIL against triple talaq been heard during the previous regime, the government might not have been motivated by concerns for the cultural mores of Muslims, but by cold calculations of electoral gains.

However, the Modi government has shown it is not beholden to electoral cost-benefit analysis, but committed to the poor state of Muslim women in India. Within the Muslim community, the reception of the judgement has been divided. Muslim women across India are euphorically hailing it. On the other hand, many Muslim clerics have made their opinions apparent — that they do not intend to follow the SC ruling. One hopes such dramatic statements are merely emotive utterances without any resolve backing them. In case these clerics are harbouring any illusions that the Indian state would look the other way, the state should ensure they are visited upon by the fullest strength of the law of the land. Meanwhile, the All India Muslim Personal Law Board is treading with caution, saying it will hold internal deliberations before releasing its stand on the verdict.