A Five Judge mixed faith Bench of Supreme Court today declared, by a 3:2 majority, the practice of Triple Talaq, one-sided instant divorce by Muslim men bad in law and unconstitutional. This is a welcome judgment. Muslim women have given a strong message to the All India Muslim Personal Law Board (AIMPLB), self appointed male custodian of religion, that they will no longer be dictated by the Board in name of religion.

Women’s right to equality is above religion, this message should also be heard by Hindu religious leaders and groups. The right to enter Sabarimala temple is also in  Court, we are now looking at that decision. The message should be also be heard loud and clear by RSS – the self appointed custodian of Hinduism, that they are nobody to tell woman what her role in life, how to be good woman and other bullshit.

Liberal / Secular feminist fraternity led by Flavia Agnes have taken a position against the ban and went to the extent of supporting the most bigoted regressive AIMPLB. I have previously written an extensive criticism of Agnes’s position. In my understanding her resistance to change is a reaction to right wing’s attempt to misappropriate this struggle, and use it as a political bullying tactics. There is also the fear of BJP government’s attempt to bring in Uniform Civil Code by backdoor which is largely seen as a majoritarian imposition. However, we must not forget that this case was a result of the Muslim women’s right to equality movement that grew from within, led by women like Shayara Bano, Ishrat Jahan, Gulshan Parween, Aafreen Rehman, Atiya Sabri   In our enthusiasm to resist right wing we shouldn’t underestimate the courage these women have shown.

On Twitter BJP sycophants are quick to give all credits to none other than Modi, that man who abandoned his wife causing her nothing but public mockery and humiliation. BJP must stop acting like some sort of saviors of Muslim women. They are no saviours, the vile Hindutva terrorists don’t stop from raping Muslim women in riots, kill them in cold blood in fake encounter. So, please stop shedding crocodile tears and stay away from Muslim women. If they care for women, Muslim or Hindu, they must take up issue of abandoned wives as data say abandoned women vastly outnumber victims of #TripleTalaq and Modi should be the first to speak up for them.

Lastly, BJP must stop claiming this as a proof that India is a progressive country. Just few weeks back, the center government has argued before Supreme Court that non-consensual forced sex upon minor wife of 16 year and onward is not rape. Sex with a minor should be rape but married wife of 16 year can be raped, what sort of injustice is that? And Center argued before SC that this is in order to “protect the institution of marriage.” In addition we still have not criminalized marital rape, we still have anti gay laws like Section 377 of IPC. So we are far from being progressive.

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About Sanjukta

Sanjukta Basu is a Feminist Scholar, Journalist, Lawyer, Published Author, Photographer and more. This blog is a repository of her more than 17 years of writing on diverse topics. Click here to read her bio and find contact details.