Verdict
over Triple Talak: Need for Amendments in Faith
Above every faith
Recent judgement of honourable SC has definitely brought respite
for many and for many; it is resurrection of testimonies filled with agony and
helplessness. It is something to be celebrated among diverse sections of women
as their victory of righteousness over faith.
Being Woman is enough
Considering the fact that I am not a Muslim women neither have I
been lashed out with the harsh words of TALAK TALAK TALAK resulting from
capricious behaviour of a man whom I apparently married for life; I may not be
the apt person to write over this but my identity as a strong headed women is
enough to discuss my side over this judgement of honourable SC.
Insubstantial argument of CJI
Amidst the whole cacophony of celebration, I am baffled over minority
views put by our judges in the panel esp. of the argument put by outgoing CJI
J.S khehar.
He said-“Merely because instant divorce is not expressly
provided for or approved by the Quran, it cannot be a valid justification for
setting aside the practice. It has been in vogue for roughly over 1400 years.”
So, what CJI argues is a bit eccentric or precisely a fallacious
argument.
(Yes! It is no joke to make remarks on CJI arguments. Even I
shudder)
Faith should be amendable
So when constitution is amendable, why can’t be faith?
Here is my argument.
Dear Sir,
India has evolved with time and every day we emerge with new
sunshine. So if learning and growing is a continuous process why we need to
embrace some evil practice and continue with it for over 1400 years.
Women empowerment has been a subject of interest for many holy
souls and they have worked diligently to get them their worth.
Indian history is flooded with some remarkable examples of how practices
which seemed correct and needful to our forefathers but was abolished by
reformers and thus constitution giving respite to women and humanity as a
whole.
1. Sati Practice- Precisely
called sati pratha; it was an obsolete Hindu funeral custom where a widow
immolates herself on her husband's pyre or commits suicide in another fashion
shortly after her husband's death. So as it sounds horrendous it actually was a
woeful practice for woman and most of us read and wrote answers on this issue
when in school age. Who can forget Raja Ram Mohan Roy for his relentless
efforts in abolishing the practice of Sati Pratha for which he persuaded the
British Government to pass an Act abolishing Sati Pratha? As a result; The
Bengal Sati Regulation Act, 1829 was passed by Lord William Bentinck, the
then Governor General of Bengal.
2. Widow Remarriage – History
revels about the pathetic condition of widows for centuries. They were not
allowed to remarry and lived their lives at the vulnerability of social
boycott. Again considering the need for evil to be eradicated from society, Ishwar
Chandra Vidyasagar was one of the most remarkable social reformers of 19th
century. He worked persistently to elevate the position of women. For the
purpose, he persuaded the British government to make a law legalizing widow
remarriages; thus the Widow Remarriage Act, 1856 was passed which gave rights
to widows to marry again and child born out of such marriages were also
considered to be legal.
3. Child marriage
This evil practice was base for many anecdotes we all heard from
our grannies. It was in practice from the time of settlements in India. It was
religiously practised by our ancestors as a custom. But British Government on
being persuaded by great reformer Ishwar Chandra vidyasagar passed The Child
Marriage Restraint Act in 1929.
Apart from above examples there were much like sacrifice of
infants, treatment of ailment by superstition, female infanticide etc. Just
because our forefathers at the behest of theirs; wrapped in illiteracy and unscientific
approach followed these evil practices so we should also proceed with them
citing their long duration of being in fashion.
We all should shrug off the plethora of rubbish and unscientific
practices and stop giving excuses citing faith as a reason to follow them.
Let liberal souls prevail and grow with humanity as a whole.
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