Penning my musings this time, I experienced different emotions. At times I was bemused, sometimes amused and at times a bit confused. Delhi CM Arvind Kejriwal’s statement about LoC strikes takes the cake. He totally endorsed PM Modi’s action and admonished those who criticised him. Politics, indeed, makes strange bedfellows. The much-hyped yatra of Rahul Gandhi, which caused serious hardship to our civilians using the roads, did not end with a bang but with a ludicrous whimper. One expected Rahul to do better than indulge in statements accusing PM Modi of allegedly hiding behind the blood of soldiers and brokering their sacrifices for political gains.
Judicial activism should not become judicial authoritarianism. I am not against judicial activism, but courts apparently are intervening in matters which are outside the judicial sphere. For example, the apex court’s peremptory direction to BCCI that all cricket associations would be starved if they failed to implement reforms recommended by the Lodha Committee. The Bench further expressed the view that no association refusing to implement reforms would be able to utilise a single penny from the funds given by the BCCI. This is a clear case of judicial overreach bordering on judicial authoritarianism.
SC’s Impatience and Irritation: When it was pointed out to the Supreme Court that several districts in the country have had deficient rainfall and a situation may emerge which may catch the government napping, the Bench comprising Justices M B Lokur and N V Ramana warned the Centre of not repeating last year’s mistakes in tackling the drought situation in various parts of the country.
The Supreme Court observed that the Centre should change its mindset and not “repeat last year’s mistake of not declaring drought on time. Don’t dig the well when the house is on fire”. Let us hope the Supreme Court’s warning is taken in the right spirit.
Triple Talaq before SC: In an application made to the Supreme Court, the Central government opposed the practice of triple talaq and polygamy among Muslims, and favoured a relook, saying women’s dignity and constitutional rights are not negotiable. In its 29-page affidavit, the Centre maintained that triple talaq is not an essential religious practice in Islam, and it is completely misplaced in a secular country like India. The said affidavit points out that a Muslim man can divorce his wife by pronouncing the word talaq thrice under Muslim personal law based on the Sharia. Muslim men can have four wives. Interestingly, the affidavit maintains that gender equality and the dignity of the women are overarching constitutional values and can brook no compromise, and are not negotiable. The affidavit further states that even theocratic states have undergone extensive reforms and women in India should not be denied their constitutional rights. The unequivocal stand of the Centre is that a woman’s dignity is not negotiable.
In a parallel development, the Supreme Court extended the stay granted by Bombay High Court to facilitate an appeal against its decision to lift the ban on entry of women near the sanctum sanctorum of the famous Haji Ali Dargah, till October 17 when it will hear the matter. During a brief hearing, a Bench comprising Chief Justice T S Thakur and Justice A M Khanwilkar expressed the hope that the Haji Ali Dargah Trust, which has challenged the High Court judgment, will take a progressive stand. The Bench further observed that “if you are not allowing both men and women to go beyond a point, there is no problem. But if you are allowing some to go beyond a point while others are not, it is a problem”.
The Supreme Court was hearing the matter in which the Bombay High Court ruled that the ban imposed by the trust on women from entering the sanctum sanctorum of the dargah contravened Articles 14, 15 and 25 of the Constitution and said women should be permitted to enter the sanctum sanctorum like men.
The issue raised before the Supreme Court is of prime importance. It has serious consequences and implications in matters of personal law of communities. It is hoped that the same is resolved with utmost expedition.
solisorabjee@gmail.com
soli j sorabjee Former Attorney-General of India