The entire country is today rejoicing the announcement of Supreme Court’s Judgment in the Shayara Bano’s case, declaring Triple Talaq as unconstitutional. Supreme Court had earlier also declared the same previously in the case of Shamim Ara Vs. State of U.P. in the year 2002. So what makes this judgment more special ? It has directed the Parliament to draft an Act considering the same.
Well, it is definitely a great move for women across the Country as Triple Talaq was not only unconstitutional but also inhuman and as per me also violated Human Rights of a woman in our Country. While, many people are seeing this as a step closer towards having a Uniform Law in our Country, I feel that we are still miles away from this step. Apart from our Divorce Laws,our marriage, succession, adoption are yet to be made uniform.
I am not sure how many of you may be aware about the Shah Bano case, where in the Supreme Court had passed a judgment in her favour, by providing her maintainence from her husband under the Code of Criminal Procedure and the government had again asked the Parliament to draft a law on the basis of the same. But our then Prime Minister, under the political influence of the Minority Community felt that it was important to save his seat than to save the dignity and life of the women. Thus Muslim Women Protection of Rights on Divorce Act, 1986 came into existence as per which, the Muslim Women are now not entitled to maintainence under Section 125 of Code of Criminal Procedure as they would be provided with the Meher and alimony only during the Iddat Period.
Our Parliament during the last time had royally goofed up for votes. I hope this time the Parliament will make a conscious decision and make a good law helping everyone.