By Dr Vivek Kumar Srivastava
August 23, 2017
The decision of Supreme Court by declaring
the Triple Talaq as unconstitutional and with its immediate stoppage of the
practice is landmark in every aspect as it has established the dignity of the
women at par with others. It is landmark decision in the sense that it has
proclaimed that in India nothing is paramount except the Constitution. The
decision is also noteworthy as it paves a way for further reforms in the
country. It is direct blow to the patriarchy which has been practiced in the
country unhindered as women were never in position to challenge the male
domination. Supreme Court is always right. It was right when it had given the
historic Shah bano decision which was upturned by Rajiv Gandhi and which led to
downfall of Congress which is still continuing.
The decision of today has certain good
points as well which have been elaborated by learned judges who found the
practice unconstitutional. The new principles evolved after this decision may
be interpreted as-even if a practice is practiced since long time but is wrong
then it should be discarded. The decision explicitly brought into open the
relationship between a social practice and its relation with time and its non
acceptability on the ground of its illegal unconstitutional status. As the
decision points out that merely because a practice has continued for long, that
by itself cannot make it valid if it has been expressly declared to be
impermissible.
Another principle which saw the light of
the day is that reconciliation is must in marriage system otherwise it violates
the fundamental rights of the Indian Constitution- as from the decision it
emerges that it is clear that this form of Talaq is manifestly arbitrary in the
sense that the marital tie can be broken at will without making efforts for
saving the marriage. Anyone can do it on any ground. Therefore such action will
violate the Article 14 of the Chapter three of the Indian Constitution. The
process of saving the marriage is therefore required. It cannot be annulled on
whim.
The interpretation of Supreme Court
decision establishes that discrimination on the ground of the gender cannot be
practiced and any religious practice if wrong or retrogressive cannot be
protected under article 25 of the constitution which provides freedom to
profess and practice and propagate the religion. The belief that any activity
how much against to the equality of the people can be protected under this
article has now failed as the constitutional morality believes in equality. The
supremacy of the constitutional morality has been validated by the decision.
Anything which goes against the soul of the constitution cannot be treated as
acceptable.
The impact of the decision is multifold.
Not only it has established the constitutional values but also has established
the true status of the women. It is not case of a particular class or religion
but it is a case of all the women of the country who in different platforms
face several problems. The problems which emerge from the patriarchal mindset
of their counterparts or family members who attempt to dictate their lives in
every sphere of existence. This decision emboldens the women to seek redressal
if none is in theirs support then it is the Supreme Court which can come
forward for their help with legal measures. When the legislative interventions
are failed or not implemented or restricted due to appeasement of the male vote
` banks then the solution holder is Supreme Court. This decision therefore
establishes Supreme Court as the institution of the social reformation.
The fight against Triple Talaq was fought
by women and media was in their support and final support sprang from the
Supreme Court thus they are never alone. All sane people and institutions are
in walk with them. This reality is great achievement for the country. Now time
arrives for political parties to feel the winds of changes.
It is observed that in India the political
regimes usually remain reluctant to carry on the social reforms; mainly in
those areas where they have stake of their vote banks. This is highly
regressive approach to run a country but Indian political system tried to put
the exploited ones at the carpet. In fact these should have been strengthened.
Why is it so that Courts have to come forward to resolve this discrimination of
social inequality? The political leadership should take notice of such
practices and without any consideration of power or election; should pass the
reformative legislations. Otherwise the history will not judge them in positive
manner.
Now the new phase of the feminist struggle
starts in the country. Women of different culture, background and status need
to come forward and join the hands to make the required change. They are bound
by only one bond that is their identity at the gender level. They all are
women. They need to understand that solidarity among the partners create the
laser force which can penetrate any system but this is huge task and its burden
lies on the women at large; mainly the intellectual women need to come forward
to forge such solidarity.
The decision will have generational impacts
and its true impact will be visible soon. The politics of appeasement is dead
now. Patriarchal approach is weaker and women empowerment is on rise. The India
moves forward with the efficient function of its institution of law. When
institutions become efficient and full of capacity then country becomes
modernized. Indian Supreme Court has emerged as the most efficient among all.
Hence needs to be saluted and those who stood in support of this change also
needs to be respected, mainly women.
Dr. Vivek Kumar Srivastava is Vice Chairman, CSSP, Kanpur
Source:
countercurrents.org/2017/08/23/triple-talaq-decision-of-supreme-court-establishes-dignity-of-women-and-reformative-principles/
8:00 AM
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