At a time when the nation seems to be facing many issues concerning fundamental rights of a large number of people belonging to almost every section of the population, Supreme Court has started hearing a contentious issue like triple talaq. While there is no denying that the issue should be resolved, but there are more pressing issues that need to be taken up on more urgent basis.
This is due to one very important reason. While triple talaq may be bad, it is certainly against the teaching of the Qur’an, but no woman has ever reported to be killed due to triple talaq. There are many more pressing issues that need to be tackled and the wise justices of Supreme Court need to take those issues on more urgent basis.
Pehlu Khan’s killing in Rajasthan by cow vigilantes, Ghulam’s killing in cold blooded manner by Hindu Yuva Vahini goons in Bulandshahr district in UP, and two Muslim youth’s killing in Assam over cow slaughter allegations seem to have gone unnoticed by the Supreme Court.
While there is no denying that the issue of triple talaq impacts a woman badly. Data show that the instance of divorce is the lowest among the Indian Muslims and not all people give triple talaq. Instead of taking the issue on such urgent basis, the court should have advised the Muslim community to sort out the issue and save the court’s precious time on more important issue.
Over the last three years, and more particularly in the last couple of months, cow vigilantes have become very active. From Punjab to Karnataka and from Assam to Maharashtra, they harass innocent people, provoke communal tension and then go on rampage, killing innocent people.
It is no secret that in many places, these gau rakshaks get local police support ant tacit government backing, making them bolder and more fearsome. One important aspect of the gau rakshaks is that they don’t attack only Muslims, Dalits are also high on their radars. Merely last week, they attacked two innocent Hindus who were taking cows to their sheds suspecting them to be Muslims. Their cries that they are Hindus and not Muslims were ignored. Even in Delhi, people are beaten by Gau Rakshaks while they are transporting buffaloes and police is instigated to enter homes and search for beefs in the capital itself.
The Supreme Court has started hearing daily to determine the legality of the triple talaq. The court yesterday asked it if ‘triple talaq’ is fundamental to Islam, as a constitution bench commenced hearing on the issue while making it clear that it would not go into the question of polygamy. Two senior counsel, appearing for parties seeking an end to the practise of triple talaq, said that triple talaq is not fundamental to Islam, in response to questions framed by Chief Justice of India J.S Khehar, who headed the bench.
Meanwhile the court seems to have kept the issue of polygamy among Muslims at the backburner. “Polygamy is out,” observed Justice Rohinton Fali Nariman soon after the bench framed three questions to be addressed by the counsel appearing for the contending parties, including petitioners challenging the validity of ‘triple talaq’ and All India Muslim Personal Law Board and other Muslim outfits defending it.
The bench hearing the triple talaq issue has five judges including Chief Justice Khehar, Justice Kurian Joseph, Justice Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer.
While appearing for All India Muslim Personal Law Board (AIMPB), Kapil Sibal, said that personal law can only be changed by the legislature and not by the courts. Referring to the low divorce rate amongst the Muslims compared to others, Sibal said that it cannot be assumed that a Muslim who will marry will get up one fine morning and utter talaq, talaq, talaq.
This is rather surprising that the apex court that couldn’t take suo moto action notice and action against the cow vigilantes across the country, killing innocent people and spreading terror, is working on an issue that affects a miniscule minority in India.
Many Muslims don’t believe in triple talaq and they already take triple talaq in one sitting as one. Ahle Hadith and Shia Muslims have no concept of triple talaq. Many Hanafi ulama too are opposed to it and claim that it is directly opposed to Qur’anic teachings. Muslim Personal Law Board and other ulama should have renounced the use of triple talaq to not let the courts and others try to correct a wrong from outside. Prime Ministers Mod, RSS and BJP leaders talk about the issue day and night trying to humiliate Muslims.