LETS
get provocative. BJP is the upholder of secularism. And judiciary
follows politics closely. Or what else would you make of the facts
connected with Tuesday's instant triple talaq verdict? Its yet
another instance of BJP reading the mood of the nation, as Congress
whirls in the vortex of its appeasement politics.
Its
chronicled history of how Rajiv Gandhi government gave in to the
ulema in overturning the Shah Bano verdict through a legislation.
Arif Mohamed Khan is still alive to tell the tale. While on the one
hand it left the judiciary confused on personal laws and the larger
secularism question, on the other it fueled a counter right wing
narrative of majority victimhood, scripting BJP's rise through
the decade of 90s. Post Shah Bano, the Supreme Court touched
questions of triple talaq and personal laws in case after case with a
barge pole under Congress, giving most progressive interpretations of constitution
on personal laws only during intervening periods of BJP rule.
Thus
it is no coincidence that in 1995 Sarla Mudgal case Supreme Court
rued lack of climate to even debate the uniform civil code. Two years
later in the Ahmedabad Women's Action Group petition, the apex court
still thought issues like talaq and polygamy remained the domain of
the legislature. Both verdicts quoted by AIMPLB lawyers were under Congress and United Front governments.
Though
the laissez faire on personal laws continued, SC demurred a bit in
the 2001 Daniel Latifi case, acknowledging some connect between
dignity of muslim women and fundamental right to life under Article 21. Lordships showed a little more courage in Javed vs. State of Haryana in 2003, terming
polygamy as bad as Sati. Guess what both during BJP led NDA
government!
So
it comes as no surprise that instant triple talaq stands abolished in
the country under a regime headed by Narendra Modi. Since October
last, the Prime Minister has spoken with conviction on at least six
occasions, taking cudgels on behalf of embattled muslim women. The
BJP succeeded in tying the issue with the secularism debate. PM tweeted, and party chief Amit Shah addressed a press conference. The party would have no qualms admitting they see a constituency in half of the muslim population of the country. Congress
on the other hand looked adrift, wooden, and even dishonest. Having
so easily scripted arguably the most progressive Hindu reform after
the Code Bills by giving Hindu women succession rights in parental
property in 2005, Congress was again found playing footsie with ulema
what with two of its leaders, Kapil Sibal and Salman Khursheed,
representing the most regressive AIMPLB against Shaira Bano. No
wonder which party comes out as more in command, and in tune
with the mood of the nation.