Dr (Mrs) Hilda Raja
To an ordinary lay person, the stand taken by the Chief Justice of India Justice JS Khehar and Justice Abdul Nazeer in the Triple Talaq case is rather confusing. How can a religious practice –here the triple Talaq- be constitutionally protected and if so, how can the minority judgment throw the ball into the court of the Centre and direct it to legislate on it.
It seems to be like Pilate washing his hands. A religious practice, though practiced from time immemorial, cannot be justified on the ground that it has been so for donkey’s years. If so, then all such practices in vogue from the time immemorial must be upheld. Can this be a criterion for justifying an anti- human religious practices?
Can the judges then impose an injunction on the triple talaq till such a time when it will be legislated on? Till such time what happens? So there is a kind of compulsion now for the Centre to do what the CJI and his companion judge did not want to tackle. Why this passing of the buck.
I would go along with Justice Kurian Joseph. His 27- page judgment is plain and simple. First, he has pointed out to the Shamim Ara ruling by the apex court and then several other cases wherein the learned judges had clearly stated that a talaq becomes valid only if pronounced in full compliance laid down by the Shariat.
While Justice Nariman and U.U.Lalit pronounced that it is ultra vires. This gives a body blow to talaq whether single -talaq or triple talaq.
So where does all this lead us to? Should we wait for the legislation?
In the meantime not to be left out, the Congress welcomes triple talaq verdict It does not matter that Kapil Sibal was the counsel for the All- India Muslim Personal Law Board.He advises that this should not be a political agenda of any party. He has forgotten that Rajiv Gandhi backed the Maulavis and threw a poor woman Shah Bano on the streets. Now the Congress and its VP rush to congratulate the women who fought for justice. Whereby he indirectly points at his father’s injustice wrought on the Muslim women. The Congress likes to eat the cake and have it to. But in the process, it makes itself a laughing stock.
We have had enough of the Congress and its long years at the helm of affairs have only made India communal and poor. It abetted the Minorities to such an extent that this minorityism has pulled India down.One flag-one law, one nation, is no more acceptable to the Muslims. If they refuse to sing the national anthem ,if they refuse to sing Vande Mataram let them quit this country. For the sake of votes, the Congress has betrayed the trust of the Indian nation. Today, it points fingers at the RSS and others and like its ‘saffron terror’ discovery, it now warns against Hindutva. Not even understanding what Hindutva is all about. Now Rahul Gandhi rushes to congratulate the women who fought against the triple talaq what hypocrisy.
(The writer is a Vadodara-based columnist)
