Will it apply on the cases filed previously: Afreen Rehman

The verdict of Supreme Court declaring the practice of instantaneous triple-talaq or talaq-e-biddat as unconstitutional marks a watershed moment in the country’s history. Though it is being hailed widely, there is a lack of clarity around it. Lawyers and petitioners feel that for cases in future it will be a landmark decision, but things might remain the same for the cases filed before.  Calling the judgment as a game changer, she was apprehensive that it may not apply on her case, Afreen Rehman, a Jaipur woman, who moved the SC against the practice one and a half year ago, said, “I never thought that the decision would come this early. It is a big moment, but will it apply on the cases filed previously is still a grey area.” She is one of the five petitioners along with Shayara Bano, Gulshan Parween, Ishrat Jahan, Atiya Sabri who raised voice against instant divorce.

Certainly, now things will be different for the Muslim women, but there remains a question mark over the verdict’s implementation on the previous cases. Afreen’s SC lawyer Divyesh Prakash Singh is not so hopeful and said, “To be frank, this judgment does not serve her purpose out. Since triple talaq has become unconstitutional now, the judgment will not have any retrospective impact. I don’t think they discussed anything regarding this. All these divorces were granted at a time that has already passed. Since SC’s decision has come today, I don’t think it will have a bearing on the previous cases.”

Concurring with Singh, women’s rights lawyer based in Mumbai and co-founder of Majlis Flavia Agnes said, “The judgment doesn’t say that it’s retrospective. They have just said that triple talaq is not valid and it is something they said in 2002 as well.” They have clearly said that they are not going on individual case whether it’s correct or incorrect & they have only laid down a principle for future, she pointed out.