The 3-2 verdict by the Supreme Court Tuesday has set aside as “void, illegal and unconstitutional” the Triple Talaq system, stating that it goes against the basic tenets of Quran.
Since this was seen as a religious system, and community heads kept giving their nod of approval for perpetuation of this age old practice, it carried on unhindered. There have been murmurs of protest from Moslem women in the community, but no revolt as such.
The rigid manner in which Islam as a religion held itself out has left little scope for pent up feelings to surface in the open. However, in the Indian condition today, the Hindoos too seem to be getting fettered with their outdated beliefs. One may hope that this judgement could usher in a new social era. But doubts loom large.
It is interesting to note that the 5 Judge Bench of the Supreme Court had been formed with great precision. Chief Justice J S Khehar (Sikh), and Justice S Abdul Nazeer (Moslem) were in favour of putting on hold the judgement and asking the government to enact a law in this regard while Justices Kurian Joseph (Christian), R F Nariman (Parsi) and U U Lalit (Hindoo) have declared Triple Talaq as violative of the Constitution.
While the Court’s majority judgement may seem attractive, in reality, the implementation of the law seems extremely doubtful. The innate disobedience of the Indian character is extremely well entrenched.
The SC should, by now, be well aware that the fancy judgements being passed by it, especially related to social mores go very unnoticed by the populace. Let us take for example an innocuous and pro-environment verdict by the SC banning use of loudspeaker systems after 10 pm is openly and carelessly flouted in most parts of the country.
The authorities, especially the police, never seem to be interested to take action on their own. Thus, that law remains unimplemented. Compare this with the social seriousness of Triple Talaq. When passing such verdicts Courts in India seem to be oblivious about the enforcement aspect.
The Triple Talaq judgement could be equated, say, with a Court passing a judgement that bars Hindoos from observing Durga puja or Shiva Ratri.
It is time all institutions of this country realize that sweeping judgements, ordinances and unimplementable laws need to be reviewed. It is always easier said than done. In this particular case, the 3-2 division between only five people highlights the diversities of India.
