SC order on triple talaq: Time to separate religion from rights, say Mumbai petitioners

Now, the petitioners said they would request Members of Parliament to quickly pass a legislation banning triple talaq.

Eighteen organisations from Mumbai who had petitioned the Supreme Court against triple talaq hailed Tuesday’s Supreme Court judgement, which struck down the practice calling it unconstitutional.

Muslim women celebrate the Supreme Court verdict, on Tuesday in Mumbai. (Anshuman Poyrekar/HT Photo)

They said that the Supreme Court order was a victory for women’s rights. They had been fighting for women rights for the past 40 years, said the petitioners.

“I am happy that the top court has taken cognisance of Muslim women’s issue, and I am hoping that it will be finally implemented,” said Hasina Khan, petitioner from Bebaak Collective.

When asked if she faced issues for raising her voice against religious practices, she said people often confused religion with personal laws.

“My rights are different from my faith. Triple talaq is an inequality towards women of the community, it shouldn’t be practiced. Similarly, Hindu personal law is different from Hinduism, so is the case with triple talaq and Islam,” said Khan.

The spokesperson of All-India Shia Personal Law Board, Maulana Yasoob Abbas, said there was no mention of the concept of instant triple talaq in Quran. “The Prophet will be happy with the Supreme Court order and Muslim women will not have to live in a constant worry of their marriage being terminated,” said Abbas.

The next course of action?

Now, the petitioners said they would request Members of Parliament to quickly pass a legislation banning triple talaq.

They added they would also lobby to annul practises which are prevalent in other religions.

“Our aim is to ensure that Articles 14,15 and 16 of the Constitution (which deal with equality and justice) supersedes Article 25 and 26 (freedom of religion), because socio-political scenario is a lot different than it was during the Shah Bano case in 1985,” said Firoze Mithiborwala, national co-convenor of Indian Muslims for Secular Democracy.

On the other hand, some activists and community members were guarded in their reaction. Shabnam Hashmi, a social activist, was quite apprehensive about the involvement of politicians. “A 2005 Supreme Court verdict declared triple talaq as invalid. Now, if there is a six-month gap before Parliament passes the new law , it could open Pandora’s box,” said Hashmi.