Dinesh Kamath's Editorial 'Super verdict by SC' that was published in Newsband

Super verdict by SC

The Supreme Court has declared that the discriminatory practice of instant triple talaq is unconstitutional. The main ground on which the practice has been struck down is a simple formulation: that “this form of talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it.” Triple talaq violates gender equality.

The court deserves commendation for giving this judgment. The judges in the minority concede that their reasoning is based mainly on the fact that this form of talaq is a matter of personal law, and therefore entitled to constitutional protection. “It is not open to a court to accept an egalitarian approach over a practice which constitutes an integral part of religion,” writes Chief Justice J.S. Khehar in his minority opinion.

While this is a positive verdict liberating women from the cruel practice of triple talaq, the question that arises is whether other systems in other religions like ' devdasi' system should also be abolished? Many are of the opinion that women of all religions should enjoy freedom from male hegemony.

The fact of dissolving a marriage by the triple oral reiteration of the word is something hard by any sensible humans. The Supreme Court verdict is objective and will be welcomed, one hopes, by the citizens irrespective of religious affiliation. Requisite legislation should follow to sustain the court's order.

Thank God, Congress is not in power, otherwise they would have amended constitution to make triple talaq constitutional. Remember Shaha Bano case and what Rajeev Gandhi did?

Judicial annulling of the practice of talaq is a boost to equality movement; and in other contexts, this equality is languishing and generally Muslims are sought to be deprived of this in various inventive organised ways. The country has to be sensitised against this growing political evil, of depriving dignity and equality.

Now is there the necessity of archaic rites/practices including in matters of marriage? Can’t the institution of marriage be made a bilateral contract? Yes, consideration should be given to the fact that married life has human, moral, material, equality, Justice dimensions involving families, women and children, their lives, livelihood, education and upbringing; providing supportive wholesome, emulation worthy ambience.

The recent Supreme Court judgment validates that there should be one nation one law theory, hence it has become imperative now for the rulers and law makers to bring uniform civil code. Moreover this historic judgment has reiterated once again that our personal laws cannot breach our fundamental rights.