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An old ARM of Divorce gets nailed by Supreme Court by imposition of Permanent BAN on it - TRIPLE TALAQ

Posted On : August 28, 2017
The APEX COURT has declared that TRIPLE TALAQ is CONSTITUTIONALLY INVALID. The five judge bench of the Supreme court consisting of judges from different religions to certain extent unanimously agreed to the fact that this old ARM of divorce that vested in the hands of married men of the Muslim community empowering them to get separated and desert their wife by pronouncing the word TALAQ thrice. This sort of empowerment in the hands of married men of the Muslim community can be traced back to a 1400 year old custom which was followed very rigorously and with the passage of time the same has been coupled with technology and it is quite a scene to be open to, that these men are using the same over facebook, watsapp, snapchat, viber, emails etc just to name a few. With the advent of time and INDIA standing up on its 70th year of Independence was in the clutches of this CUSTOMARY element which makes the women completely powerless and inferior tin comparison to men. The Supreme court while imposing a BAN on this also stated that many other countries in the world have been able to put a nail on this CUSTOM then why can't INDEPENDENT INDIA get rid of it. The five judge bench of the APEX COURT comprising of Justice Khehar who goes so far as to say that personal laws are inseparable from the right of religion but then goes on to direct the legislature to enact laws to do away with triple talaq. The second judge Justice Joseph said that "What is good in theology is GOOD IN LAW, but TRIPLE TALAQ is contrary to QUARAN and also to SHARIAT, is BAD IN LAW" The third judge Justice Nariman, "Exercise of TRIPLE TALAQ is arbitrary and since it is practiced under the SHARIAT ACT of 1937, which is a statutory law and the practice of such arbitrary actions is CONTRARY to the Constitution. However, the entire court in its wisdom decided to exclude themselves from the question of "Whether personal laws can be questioned on the basis of human and fundamental rights". The said judgement empowers the married women of the Muslim community to stand at par with the married men of the same community. In a country like INDIA the said judgment CANNOT be compared LESS than a REVOLUTION as because this is a result of the outcome of the struggle for ages and the same had been challenged in the Privy council. The said judgment also goes an extra mile to convey the message that NEW INDIA does not want to stay in the clutches of old ridiculous customs and they have the zeal to get the wrongs corrected. By this advent they have also answered the question, "CAN A SINGLE PERSON MAKE A DIFFERENCE"................... It is pertinent to take note that the movement was NOT BY 1 SINGLE PERSON but if we look at the ratio of the women who had raised their voice against this custom as compared with the No of such Muslim women who had faced the situations. The handful of women who raised their voice backed by the present Modi government has very clearly given a message that NEW INDIAN and NEW INDIA are the ones we should look forward to. In spite of the fact the judgment itself is a mixed bag, but it may also appeal disconnecting to some and the biggest disconnecting portion of the judgment is where some of the judges equated right to religion with personal law and they even tried to insulate regressive personal laws from challenge by rational personals of the same community. However, the most conservative opinion chose to arrive or conclude in the end that TRIPLE TALAQ was arbitrary and should be legislated. JUSTICE HAS BEEN SERVED.
Written By :
Vedant Lakhotia

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