I know that this blog has somewhat become a social and political blog but I will have to cover the triple talaq. Just recently the Supreme court has declared triple talaq as unconstitutional. It is a very great move. The main credit for this should definitely go to Shah Bano and those Muslim women who fought against and had suffered by this regressive law. The political parties have not been able to do anything about this regressive law for a very long time due to vote politics. But as soon as the supreme court declared it as unconstitutional all political parties have hailed it. It’s ironical that Kabil Sibal (Senior Congress politician) who represented the Muslim Personal Law Board, which makes all the religious laws of Muslims, and argued for Triple Talaq in Supreme court also hailed the verdict. What is ironical is that it is the Congress party which made a constitutional amendment to void the earlier Supreme court judgment to declared triple Talaq invalid also hailed the judgment.
However, there are several other regressive laws against women in the name of religious freedom which needs to be looked at. This article provides a summary of several such regressive laws. I think this is a historic judgment and has ramifications beyond just Triple Talaq. This case provides a basis for challenging several other regressive religious laws and leads to empowerment of women. Empowered women/men have greater confidence in themselves and take more risk which is good for the economy.
Saying this, however, one may make a case for judicial over reach. Judicial over reach may sometimes lead to bad outcomes in the long run. I believe it is the legislature which has to be the place for such transformation. Without the political support, it would be very difficult to bring any meaningful change on the ground. But for now, let’s thank the supreme court for its progressive judgment.