Triple Talaq

Social democracy is the bed rock of political democracy. The courts in the case of triple talaq, took the expanded meaning of the term : ‘socialist, democratic’ enshrined in the constitution to imply social democracy and that ‘triple talaq’ is a clear aberration in the way of social democracy.

Triple Talaq, bad in law and bad in theology, its only claim to currency is an established code of conduct, age old custom with the force of law, all of which the courts have a right to strike down, in the interest of equity and justice and in alignment of the overarching values enshrined in the constitution and equipped with this right they struck down this provision, just as they did in the case of sati, polygamy or child marriage and thereby engineered a huge socio-economic transition.

While a regressive Kapil Sibal continued to argue on the behalf of the Muslim orthodoxy, one, on the premise of non intervention with personal laws, and two, court judgements leading to abrogation of the Triple Talaq in other theocratic and secular muslim states could not be treated as valid precedents for abrogation of the same in India, I think, the stance taken by the SC is path breaking and perhaps a step in the direction of the Uniform Civil Code.