All hail the judgement... well, almost

The Supreme Court on Tuesday delivered one of its most momentous judgments in the history of independent India when a five-judge bench deemed it unconstitutional for a Muslim to divorce his wife by the mere utterance of ‘Talaq’ in quick succession.  The verdict came at the end of a long and often-acrimonious debate about the rights of Muslim women and how Muslim personal laws could fit into the framework of the Indian Constitution without upsetting either the rights of individuals or the community at large. Starting with the Shah Bano case in the Eighties, when the Congress party caved into the demands of the Muslim clergy, and fundamentalist elements, and used it Parliamentary majority to overturn a Supreme Court ruling on alimony arising out of instant triple talaq. 

Now, after almost three decades, the apex court has finally ruled it void and has asked Parliament to legislate new law that embodies the changed perspective. Ironically, this time, too, a single party holds a majority in the Lok Sabha, except that it is the Bharatiya Janata Party, which has whole-heartedly backed Muslim women in  their fight for equal matrimonial rights. 

DNA spoke to a cross-section of Indians reflecting the incredible diversity that gives this nation its character for their reactions to this historic judgement. From different regions, different income groups, different professions, even different faiths, the overriding view seemed to be that this was a long overdue and welcome move. Here is what they had to say.

I welcome the SC judgement. Prophet Muhammad never liked talaq. The talaq was being misused, and misuse of anything will never benefit the society, especially women. Talaq should not be an order, but permission. Most of the time, talaq is uttered in rage, when one is not completely oneself. So, I welcome the striking down of Talaq Bidat.
—Nusrat Andrabi, former member of J&K State Waqf Board and former Principal of Government Women College, Srinagar

It (triple talaq issue) should have been left to the people to choose rather than the government interfering in the personal and religious matters of communities. Isolated cases of injustice  happen in every community. It should be left to responsible people and scholars in each religion to sort issues out. The government should stay out of it.
—Ghulam Mohommad Dag, hotelier, Srinagar

While it was unfortunate to not have a woman judge on the bench, I believe this is a fantastic and landmark judgement. As per my knowledge, in any case, Quranic and Sharia reading is over 90 days, but the interpretation was incorrect. The court has managed to maintain a balance by upholding the constitutional right. 
—Avni Sethi, Artist and founder of Conflictorium, a museum of conflicts,  Ahmedabad 

“Triple talaq is mostly uttered in a state of rage, by persons not in a calm state of mind. I am not happy with the judgement. The question is not about instant talaq, it is about the entire system of talaq that should be wiped out from the society. “
—Malek Miyaz Bibi, Juhapura resident who prevented a community member from becoming a victim of triple talaq,  Ahmedabad 
 
“The abolishment of triple talaq will be the liberation of Muslim women from humiliation and servitude. It is beyond my understanding why the right to respectful divorce should be selective. When a marriage happens, the opinion of the woman matters, but it breaks on the whims and fancies of the man. The woman is left to fend for herself. Any rudimentary thought, irrespective of religious needs to be changed or abolished. 
—Ashoke Pandit , Flmmaker and social activist

“Once a person brings a woman home, it is his responsibility to look after her. They should not be leaving them like that. As such no decision should be taken instantly and thought should be given before deciding. A law is required so that there is no problem. As such in Islam people cannot give divorce at one go.”
—Naseem Khan, resident of Mohammed Ali Road, Mumbai

“This judgement is the first step towards ensuring equality, empowering Muslim women and given them dignity. I read through the proceedings and it is very clear that there is no such thing (as triple talaq) in Quran. I am not against the idea of separation and divorce, but triple talaq is highly abused.
—Falguni Vasavada Oza, Professor, MICA,  Ahmedabad 

“The SC has held triple talaq unconstitutional. The judgement upholds human dignity above religious sentiments. It sets a new precedent for those religious gurus who think they are above the Constitution”
—Deep Kumar, Assistant Professor, Xavier’s College of Education, Patna

This is a historic decision. Anything which is detrimental to the fundamental rights of an individual to me need to be abolished. I am all for it and wish that our society takes a progressive stand on all such issues. 
—Syed Saba Karim, Former India wicket-keeper batsman
 
“The Supreme Court judgement is good. Now, Parliament should get time to frame a new law. Triple talaq should not be done the way it is done now, in one sitting. Ample time should be given to both parties involved, before the divorce takes place.”  
—Ayesha Ansari, a home maker from Kurla, Mumbai 

“It is a good judgement. A lot of people do not know about triple talaq. Triple talaq cannot be given in an instant or on WhatsApp, as is being reported. There is a time period of three months during which some formalities are carried out. This order will help people know about the issue in a better way.” 
—Jamil Khan, a resident of Sahar and a hardware businessman, Mumbai 

“The Supreme Court has ended all our miseries in one go. We have been living like maids in our own houses, under the constant threat of triple talaq. I am thankful we will now be treated equally and respectfully even though this order does not apply to thousands of victims like me who are victims of triple talaq. I hope the central government will make some provisions so that we also get justice.” 
—Waheeda Bano, a triple talaq victim from Hardoi, Uttar Pradesh, Lucknow

“Talaq should be carried out the way Quran and Shariat suggest. There is nothing beyond Quran and there is no place for triple talaq in it. It doesn’t say talaq can be given in one sitting either. It provides a period of one month for the couple to reconcile or mutually decide to separate” 
—Dr Rubina Shabnam, Secretary, Punjab Urdu Academy, Malerkotla, Punjab, Chandigarh

“The judgement goes in favour of women, since the decision of triple talaq rested on the husband. But the timing of the judgement makes one a bit uneasy, considering the marginalisation of communities is being played out constantly at every level. Yes. It is wrong. Regressive. Inhuman. It should have been something that was taken cognizance of long back. It should have come from within the community.”
—Neelam Mansingh Chowdhury, Chandigarh-based theatre artist, Padma Shri awardee

“First of all, it’s not a judgement, but a suggestion of Honourable Supreme Court to the Government of India, and it is really confusing for the general public. It’s high time All India Muslim Personal Law Board took charge and formed its own strategy to safeguard the rights of Muslims in India.”
—Navaid Hamid, President, All India Muslim Majlis-e-Mushawarat

“The Supreme Court should have thought about the implications of their judgement in the long run and should have given some time to Muslim bodies to come up with changes in the law and educate people about it. 
The honourable court has repeated the same topic of ‘instant’ triple talaq, which is already un-Islamic. The need of the hour is to educate Muslims about actual Islamic laws and not introducing 
new laws.”
—Atiya Siddiqui, National Secretary (women’s wing), Jamaat-e-Islami Hind

“In my personal opinion, triple talaq is un-Islamic and against Quranic teachings. But, I also think that the Supreme Court and Parliament should not interfere in religious matters. Such issues should be left to religious bodies to decide. Otherwise people will keep on knocking on courts’ doors, raising religious issues and there will be no end to it.”
—Zafarul Islam Khan, Chairperson, Minority Commission, New Delhi

“Triple talaq does not always work against women. Most of the time, it is an exit mechanism to relieve women from unsuccessful and troublesome marriages. As the triple talaq practice is already vanishing among the Muslim community, this judgement will have very little impact on the society. We respect the judgement, but we do not appreciate the interference in the Muslim personal law.” 
—Dr Asma Zehra, Member, AIMPLB women’s wing