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news details
Triple Talaq verdict rattles separatists
Fate of Article 35-A
8/23/2017 10:53:59 PM
Early Times Report
Jammu, Aug 23: The Supreme Court on Tuesday delivered a landmark verdict on the 1400-year-old practice of Triple Talaq. The apex court declared the practice of Triple Talaq "unconstitutional", "arbitrary" and "discriminatory". And the decision came into effect soon after the 5-judge constitutional bench delivered its verdict.
The Supreme Court made it loud and clear that Triple Talaq was integral to the Muslim community, especially the Sunni comunity. But, at the same time, it said that the practice of Triple Talaq had nothing to do with the religion of the Muslims. In effect, the Supreme Court said that it verdict was aimed at ensuring gender equality between male and female Muslims and that the Supreme Court was convinced that the Muslim women suffered immensely because of the manner the practice of Triple Talaq was practiced in India.
The historic judgement evoked reaction on expected and unexpected lines. The BJP, and even the Congress, besides all women organizations, supported the verdict and described it as a step towards a new India. Unexpected because the Congress was not opposed to triple Talaq. Muslim women were all the more jubilant. They said they got freedom and now they could lead a life of honour and dignity. The Muslim clergy gave a divided response. Some favoured and some said they had to accept the verdict as it was delivered by the highest court of justice in the country. In Jammu and Ladakh, the response was one of overwhelming satisfaction.
Very significantly, not one Kashmiri leader reacted against or in favour of the verdict. It was quite understandable. Understandable because not one but three writ petitions are pending before the Supreme Court and all deal with the gender equality issue.
He case in point is Article 35-A against which one NGO, "We The Citizens", one Delhi-based daughter from Jammu & Kashmir Charuwali Khanna and another daughter of the state Dr Seema Razdan have approached the Supreme Court and demanded repeal of Article 35-A on the ground that it discriminates between sons and daughters of Jammu & Kashmir. Charuwali Khanna whose ancestors left Kashmir during the Afghan rule has told the Supreme Court that her children were being considered "illegitimate" in Jammu & Kashmir as she was married to a non-Permanent Resident of the state". The plea of Dr Seema Razdan is also identical.
All the three petitioners have told the Supreme Court that Article 35-A was illegal, unconstitutional and untenable, as it was not passed by the Parliament but was applied to the state through a Presidential Order on May 14, 1954.
Since the issue involved is gender equality, the Kashmiri leaders of all hues are keeping their fingers crossed. There is a feeling in Kashmir that if the Supreme Court could scrap the 1400-year-old practice on the ground that it was unconstitutional and against the principle of gender equality, it could also repeal Article 35-A on the same ground. That's the reason the Kashmiri leaders are keeping awake at night.
The point is that the Supreme Court verdict on Triple Talaaq has dramatically changed the whole scenario in the country and filled the hearts of the daughters of Jammu and Kashmir with a new hope.
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