It would be wrong to think that India started a new journey on August 22. The South Asian country introduced ‘widow marriage’ and banned customs, like self-immolation of (Hindu) widows and child marriage, many years ago. The journey reached a new milestone on Tuesday when the Supreme Court (SC) set aside centuries-old practice of ‘triple talaq’ in a landmark 3-2 verdict, in which the majority of the five-member SC Bench agreed that the practice was “un-Islamic” and “arbitrary”.

In this country, thousands of women were forced to live a disrespectful, unequal and unsafe married life for so many years in the name of religion. Muslim-majority countries, like Pakistan, Bangladesh, Malaysia, Iraq, Iran, Turkey and Egypt, had declared ‘triple talaq’ illegal long ago. However, ‘secular’ India failed to take such a step before August 22. The Indian policymakers took time to make a final decision in this regard because they had to consider the possible outcomes of the move. Also, policymakers had to deal with some major issues, like whether it would be appropriate to abolish the practice of ‘triple talaq’, whether it would have any adverse effect on the Muslim population etc., in recent past. As a result, Muslim women did not get the opportunity to enjoy fundamental rights.
Finally, the SC helped Muslim women in India enjoy ‘freedom’ in the 71st year of Indian independence. Indeed, it was a historic verdict. That’s why India will always remember the judgement which ensures women’s equality.
Interestingly, Quran, at no place, talks about instant ‘triple talaq’. It was a brutal exploitation of Muslim women by the patriarchal society. Quran, at many places, discards instant talaq from the very base. For reference, we can check the Ayat no.4.34_4.128, Ayat no. 2.226_227, Ayat no.4.35, 65.2,2.231 and Ayat no.65.6.

Many consider the verdict, delivered by the highest court in India, from a different perspective. According to that perspective, it is not a victory only for the five women, who started a legal battle against the ‘triple talaq’, or for common Muslim women, but also for women, who wanted to win their rights through legal battles. It was another long legal battle that brought a new dawn for a large number of Indian women. This time, the judiciary has helped India reach a historic milestone.

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Published by Koushik Das

Koushik Das (born on May 16, 1976 in Kolkata) is a career journalist. Based in the Indian capital of New Delhi, Koushik writes mainly about foreign policies and current geopolitical issues, and rarely about other topics. His own political ideas are highly influenced by Antonio Gramsci, Louis Althusser, Michel Foucault, Michael Oakeshott and others. English philosopher and political theorist Oakeshott (Dec 11, 1901-Dec 19, 1990) says that “in political activity, men sail a boundless and bottomless sea. There is neither harbour for shelter nor floor for anchorage, neither starting-place, nor appointed destination. But we have to keep afloat”. (Rationalism in Politics, 1962) As a student of Political Science, Koushik loves to share his views on issues, which have great impacts on his thought process (and also on India, South Asia and of course on the global community), with his readers through his website – Boundless Ocean of Politics. By doing so, he tries to keep himself afloat. You will find some of his articles in https://inserbia.info/today/ (https://inserbia.info/today/author/kou_das13_i/), as he has been trying to assess the global geopolitics since 2003. You can also mail him at kousdas@gmail.com View all posts by Koushik Das