For the first time in history women are coming out and saying their fundamental rights are being violated. 32 years, after former Prime Minister Rajiv Gandhi countermand the verdict in Shah Bano, Triple Talaq case in 1985, which had given 62-year-old Shah Bano the right to alimony from her husband, who had thrown her out after living with her for several decades and procreating five children ,just to grasp the votes of Minority class , clearly denying the fundamental right of minority married women integrity and solemnity.
Now , In 2017 , The country was blown in the debate of the legality of the triple talaq. When Ms. Shayara Bano a sociology graduate woman,
went to the Supreme Court, and challenged “talaq-e-biddat.”
“The rebellious Savior Saves”, In the history of 70 years, a rebel
savior Shayara Bano , saved the Muslim Women from the practice of “Talaq-e-biddat,”and puts an end on the misery of women in
or Instant talaq , when the Supreme Court Verdict on 22nd August 2017,
judged an Instant talaq as Unconstitutional. On this day India has joined the list of several other countries like Pakistan , Bangladesh , Turkey , Cyprus, Tunisia , Algeria, Sri lanka , Jordan , Indonesia , UAE, Qatar, Sudan, Morocco, Egypt , Iraq, Brunei , Malaysia, Malaysia state of Sarawak where Triple Talaq is un-Islamic.
The Irony is we are celebrating 70 th Independence Day of India, and the Muslim women still lives under the fear of word ‘talaq’ if it is pronounce only three times , the bonding of love and devotion instantly breaks and the woman cannot remarry her husband , if she is not ready for another Isalmic marriage ritual ,’halala’.
Now, the Quaranic Principle of marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce. The relationship between the spouses should ideally be based on love and important decisions concerning both spouses should be made by mutual consent. When marital harmony cannot be accomplished, the Quran allows and even counsels the spouses to bring the marriage to an end , although this decision is not to be taken lightly, but the sword of fear above head always hangs upon the woman . I must discuss an incident, a muslim man was travelling in train and his sudden rage, provoked him to voice,’talaq’, over a call, this is against sensibility and sensitivity, To call off a relationship in a spur of moment. Is the bonding of love and trust of woman, should be rewarded in sudden temper? Or the whole life of woman , who serve her husband and family with devotion and great strength , wipe off in 3 seconds? This is not the saying of Holy Quran , this is not , what the words of Allah says, when couples feels the lack of harmony and love in their relationship. This is not a practice in Islam but a malpractice.
To change the fear status of married Muslim women , The PIL filed by Shayara Bano versus Union of India . In the Petition , It was submitted that ‘talaq-e-biddat’ is neither recognized by the Quran nor by hadith. The controversy arouse for consideration before the court , is with reference to ‘talaq-e-biddat’.
Ms. Shayara Bano said her fight is against the social customs, she took step forward to put an end on this mal practice and challenging the male dominance of Shariyat Law.
Now let s have a look on The Impact of Triple Talaq
The indubitable impact of triple talaq is that it alters the civil status of a married woman in a autarchic manner, as it is the husband who pronounces a woman financially unstable if she is solely dependent on her husband’s income . Such a woman may be driven to claim maintenance if the mehr (amount of monetary security usually determined at the time of marriage which is given to a Muslim woman at the time of divorce) she receives is peppercorn. She may have to engage in legal battles for the custody of her children. It is ironic that the supporters of triple talaq claim that triple talaq cannot be a subject for adjudication before courts of law and shall continue to remain extra-judicial, but fail to notice that the consequences following triple talaq are arbitrated before courts of law.
In my insight this is first time in the history, any government has determinedly granted support to the constitutionality of oral and Instant Talaq. In 1981 during congress regime, the constitutional validity of triple talaq stirred in the case of Shah Bano , The then party failed to promote ban on Triple Talaq but ironically Rajiv Gandhi was suggested to attenuated the Supreme Court Verdict in which the liability of husband to pay the maintenance was restricted to the period of the iddat only, because the Congress government showed the act of appeasement towards the minority community. And it is shameful again to the Congress Party when The senior Congress leader and Rajya Sabha MP defended triple talaq on the grounds that ‘it is an age-old tradition and could not be considered unconstitutional’, leading to criticism on social media and other platforms. Seems like Congress Party did not give the explicit notion on the legality of Triple talaq , even to their own Party Leader, Lawyer cum Politician Kabil Sibal .
The verdict of Supreme Court on Triple Talaq in BJP reign , would have been the verdict in Congress Regime in Shah Bano case , but to keep the Minority vote bank , congress actually abused the fundamental right of Muslim Married women, these practices render Muslim women "unequal and vulnerable" as compared to men of their community, and on the other hand the Congress Party disseminate the male machismo or predominantly male
in the muslim community by humiliating, muslim married woman integrity and the gravity of her social stature.
Now if we see the Political forthcoming benefits and agenda in power play for BJP Government, Triple Talaq would served as a fleshy sizzler to attract the minority votes. BJP government always perceived as the great supporter of Hinduism, it is ever since seen as a party who boost the Hindu stratum, and alleged to ignore the Minority which has purported to promote Hinduism in democratic country till today. But the Political gimmick of BJP by applauding the verdict on the legality of Triple Talaq , would snatch the vote bank of Muslim Women , and the sensitivity towards the minority ,especially the challenging status of married muslim women is seen by the present Government . Along side this The PM Shri. Narendra Modi on the several occasions, express his human approach and urge a ban on this Mal Practice and put this issue as the women rights
In the words of Prime Minister Modi , "I heartily commend those sisters who have launched this movement, who have been fighting against 'triple talaq' and I am confident that the country will help them in this struggle."
AS this is not only the question of,’Triple Talaq ‘legality but the Integrity and security of the married Muslim women, also encouraged the women empowerment.
As of now, this is rather an achievement of sorts since the Indian government is not known to be sensitive to the issues of women or minorities. The government, in fact, is led by a party whose political success rests on armament of the majoritarian voices that have continuously opposed reform in favour of women, and especially from the Muslim community. Undoubtedly the Prime Minister Shri Modi, concerns especially those from the minority community – in a power game where a party with openly majoritarian agenda, acknowledges to titleholder the rights of Muslim women, quite a move.