HYDERABAD: Calling it a ray of hope, Hyderabadis welcomed Supreme Court’s verdict against the practice of talaq-e-biddat, three pronouncement of talaq in one sitting or what is commonly called triple talaq. A bench of five judges has declared the practice of instant triple talaq as unconstitutional banning it for next six months with immediate effect until a law is passed regarding the same.“It is a sign that our voices are being heard. Hopefully, the Muslim Personal Law Board will also accept the verdict and make the necessary changes,” said Jameela Nishat, founder of Shaheen, an NGO that works for the rights of Muslim women in the city.
While the Apex Court’s judgement will open up a healthy discussion, it is also likely there can be tension between various Muslim communities, she added. Mujib Kumar, a lawyer working on family and women’s issues, pointed that the concept of triple talaq is discriminatory at several levels. “First, a section of women is being denied its right to equality because of the faith they practise. We are not creating a harmonious society. While men from other religions, if seeking divorce, go through the procedure of law, it is not the same for Muslim men. This ban on instant talaq is much needed,” said the lawyer. For years, men have been using instant triple talaq as a tool to snub women’s rights, he added.
“However, after Shayara Banu’s case, the Supreme Court said the man should pay for the woman’s maintenance until she is remarried or becomes independent. And this move is going one step ahead from there,” said Kumar.On the other hand, instant triple talaq is not the only issue that is pertinent to the Muslim community in the current political scenario, pointed Sherin BS, assistant professor, Comparative Literature, English and Foreign Languages University.
“From a gender perspective, yes, all women should have the right to their life. However, we need to examine the situation of Muslims on the whole in the country. There is also very little that is going to change if a legislation is passed considering the accessibility to legal aid for women in this country,” said Sherin. She added that the place of Muslim men in current times should be looked into as much as women’s.