Posted by A STEP TOWARDS GENDER JUSTICE.
By Amardeep Singh.
The Ban imposed by the Constitution Bench with 3:2 Majority on the instant Triple Talaq is considered as a step towards Gender Justice. This type of Talaq is basically known as Talaq-E-Biddat which is the exercise of pronouncing TALAQ thrice instantly without adhering to 3 month iddat period meant for reconciliation. Such type of power is available only to muslim males and not to females, that is why it is an obstacle in the way of Gender Equality as well as in the fulfillment of the object contained in Article 14 of the Indian Constitution.
Chief Justice of India JS Khehar and Abdul Nazeer gives the dissenting view that the practice of Talaq-E-Biddat being a constituent of personal law has a stature equal to other Fundamental Rights conferred in Part III of the Indian Constitution, therefore can not be set aside and being violating the concept of constitutional morality through judicial intervention.
On the other hand Justice RF Nariman, VV Lalit and Justice Kurian Joseph who gives the majority judgement declared it void, unconstitutional and against the basic features of the Quran.
I agree with the view that freedom of religion is absolute and It is not to be interfered by the judicial system. But, on the other hand I am also agree with the majority view that, No doubt, the practice is continued for long but that provisions contained in any religion are against the humanity so there is a need to struck it down because humanity is to be the first religion of all the human beings.
If we look at the other aspect there are two other types of divorce that are not declared invalid, one is Talaq Ahsan which is a practice of pronouncing TALAQ in a single sentence when wife is in the state of purity followed by the abstinence during iddat period and the second is Talaq Hasan, which is a practice of pronouncing talaq during three successive tuhrs(menstruation cycle) in this way we can say that even the Hon’ble Supreme Court is not properly interfere in the Religion of any person, it is just struck down the provision which seems against law of the land. Therefore we can say that it is step towards a Modern Era as well as Gender Justice.
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