Saturday, December 12, 2020
Home News Reports Supreme Court strikes down the practice of Instant Triple Talaq, but it may not...

Supreme Court strikes down the practice of Instant Triple Talaq, but it may not be enough

The Supreme Court today struck down the practice of instant triple talaq by calling it arbitrary and against the tenets of Islam. This incidentally was achieved by a 3:2 split verdict with the CJI Jagdish Singh Khehar and Justice Abdul Nazeer opposing its abolition by calling it an age old practice and an integral part of the Muslim religion.

This statement by the CJI (who spoke first) sent our media on a wild goose chase and it concluded that the CJI’s opinion would be final and proclaimed that the court had upheld the draconian practice:

This as revealed moments later was inaccurate and the final verdict was to be based on what the total of 5 judges in the bench thought. The 3 judges in the panel named Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit disagreed with the CJI by stating that triple talaq was against the Quran which meant that a constitutional protection of the practice was not permissible.

This supposed flipflop by the media amused many:

Even journalists decided to take potshots:

The verdict delivered by the Supreme Court was a whopping 395 page long [PDF] and it might be entirely possible that the media is still misinterpreting it due to most probably not having gone through the whole thing yet.

Some people were also not happy about the split verdict and questioned as to why the court could not provide a unilateral verdict on the issue:

A brief summary of Justice Joseph’s verdict, who was among the majority, stated that triple talaq was against the basic tenets of Quran and violated Sharia. The verdict further stated that it also wasn’t an integral part of the religion. The purpose of 1937 Muslim personal law act was to declare Shariat as the only law governing Muslims, thus as triple talaq is bad in Shariat it is also bad in law.

This modus operandi of the court to base its judgement on the religious doctrines and laws did alarm a few people but it may still not be the main issue here. Based on whatever information the media put out in the public domain, various commentators gave a lukewarm response to the verdict.

The major issue behind such a response was, that since just the practice of talaq-e-bidat (Instant triple talaq in one go) was banned, it may not result in better conditions for the Muslim women. The practice of giving proper triple talaq where a husband gives his wife talaq over a period of 3 months will still remain perfectly legal. So instead of getting instantly divorced, women would get divorced over months and may not be able to overtly challenge it.

Nonetheless, the verdict should be welcomed as a first step in the right direction.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

Hemant Bijapurkar
Contributor at OpIndia.com, Wish to write a great trilogy someday!

Related Articles

Trending now

Has the govt handed over the ownership of Ahmedabad airport to Adani as alleged by Congress workers and supporters? Read the details here

A concerted campaign is run on social media platforms by Congress supporters to allege that Ahmedabad Airport is being sold to Adani Group

Newslaundry creates controversy where there is none because India Today showed farmers benefitting from farm laws: Read Details

Propagandists at Newslaundry published a sensationalist report on Thursday to accuse the government of 'planting stories'

Woman files case against Palghar Shiv Sena MP, says he has been demanding sexual favours since 2004: Here are the details

A woman who worked at a gas agency owned by the Shiv Sena MP, had accused the Palghar leader of making sexual advances at her

Mainstream media goes overboard in whitewashing Yuvraj Singh’s father Yograj Singh’s hate speech against Hindus: Read details

Former Indian cricketer Yuvraj Singh on Saturday distanced himself from the deplorable comments made by his father Yograj Singh.

Kerala: Complaint lodged against a Hijab clad woman for entering a temple in Malappuram district wearing shoes

Malappuram in Kerala has one of the highest concentration of Muslim population and considered a hotbed for Islamist fundamentalism

After massage parlour and ‘gym langar’, video emerges of farmers making pizza, netizens wonder how they can join the ‘protest’

The 'farmers' holding protest against the Modi govt over passing three farm bills seem to be enjoying their free time

Recently Popular

Pakistani credit card recovered from Shiv Sena leader Pratap Sarnaik, was registered to his address in Mumbai

Trouble mounts for Shiv Sena MLA Pratap Sarnaik as a credit card registered under name of a Pakistani national was recovered from him

Yuvraj Singh’s father Yograj Singh dropped from upcoming movie after he humiliates Hindus during farmer protest: Read details

Recently, videos had gone viral where Yograj Singh was seen making vile, hateful remarks against Hindu women.

Truth bomb by Rohit Sardana triggers AltNews Islamist apologists, complain to Rahul Kanwal who they think can understand their angst

During a live QandA session with viewers on farmer protests, one Shaukat Ali tried to solicit a reaction from Rohit Sardana.

Don’t share ideology: Yuvraj Singh tries to distance himself from father’s anti-Hindu rant but supports ‘Award Wapsi’ nonetheless

Former Indian cricketer Yuvraj Singh on Saturday said that he was 'saddened and upset' by his father Yograj Singh's hate speech

After massage parlour and ‘gym langar’, video emerges of farmers making pizza, netizens wonder how they can join the ‘protest’

The 'farmers' holding protest against the Modi govt over passing three farm bills seem to be enjoying their free time

Classified documents reveal Trudeau’s dangerous China policy and how Canada invited Chinese Army to train in ‘cold-weather warfare’

34-page secret document called 'China Files' has been made public that shines the light on Canada and its dangerous policy towards China

Has the govt handed over the ownership of Ahmedabad airport to Adani as alleged by Congress workers and supporters? Read the details here

A concerted campaign is run on social media platforms by Congress supporters to allege that Ahmedabad Airport is being sold to Adani Group

India largest buyer of COVID-19 vaccine with 1.6 billion doses for 60% of India’s population: How experts believe it might be enough

All the COVID-19 vaccine which India has pre-booked are being manufactured by Indian companies

Kerala Church feud: HC pulls up govt for failing to comply with its last order, directs CRPF to take over church if order not...

Last year, Kerala HC asked govt to implement a SC order and grant ownership of Kothamangalam Church to the Orthodox faction

Newslaundry creates controversy where there is none because India Today showed farmers benefitting from farm laws: Read Details

Propagandists at Newslaundry published a sensationalist report on Thursday to accuse the government of 'planting stories'

Saudi Arabia deported a large number of Indians back to India for protesting against CAA and NRC: Reports

Anti-CAA protestors were deported by Saudi govt to India as the Gulf State prohibits assembly or public demonstration of any form

While Congress party opposes new parliament building, its Lok Sabha speaker had approved the project in 2012. Read details

A letter dated July 13, 2012, showed that Meira Kumar had given a go-ahead for the construction of a new Parliament building.

Union Govt recalls 3 IPS officers on central deputation to West Bengal after attack on BJP president’s convoy by TMC workers

The Union Government has recalled three IPS officers from West Bengal following the attack on BJP President J.P. Nadda in the state.

Woman files case against Palghar Shiv Sena MP, says he has been demanding sexual favours since 2004: Here are the details

A woman who worked at a gas agency owned by the Shiv Sena MP, had accused the Palghar leader of making sexual advances at her

Grooming Jihad: One Azad booked for sexually exploiting and forcing a minor girl to convert to Islam for marriage

This Hardoi case is the fifth FIR registered in Uttar Pradesh ever since the new law against Grooming Jihad has come into force

Protesting ‘farmers’ perform dangerous stunts on tractor, try to mow down police personnel when stopped: Horrific visuals from UP

In a video that has now gone viral on social media, 6 unidentified accused, riding a tractor, tried to run over police personnel on Tuesday

Connect with us

245,563FansLike
495,800FollowersFollow
21,100SubscribersSubscribe