A Long Due Overhaul – Achieved or Still Too Far ?

By | September 5, 2017

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The long due ban on Triple Talaq and the unanticipated judgment on the right to privacy seem to have ushered in a new era for the Indian judiciary system.

These recently long promulgated judgments throw light upon the gradually increasing propensity of the judiciary to adapt to the liberal and modern ideals of the society. Yet these judgments pave way for certain unanswered questions that need to be deliberated upon at the earliest.

Talaq

These judgments have given a  new direction to the people of India with the ban on the triple talaaq constituting to be the most liberating judgment. The evil veil that shrouded the lives of millions of Muslim woman has finally been done away with. One negative aspect that can be pointed out is the extremely narrow margin by which the vile practice was put an end to. To have 2 judges out of 5 presenting their views in accordance with the practice of triple talaaq raises serious questions over the still prevailing patriarchal notions in our country. The constitutional reforms to this sect’s personal law that will be materialized now will be highly anticipated.

Possessing slightly contradictory opinions, the right to privacy was eventually declared to be a fundamental right by the nine-judge bench.

The judgment in itself is a landmark one for various reasons; the judgment was one of the most unexpected ones as the right to privacy had not been deliberated over until now. However, after the verdict, our fundamental rights seems to have reached a new high with this basic right being bestowed on us finally. Right to privacy for a long time had been shrouded behind other major issues and thus never reached the forefront. Thus this declaration slowly but gradually inches us closer to a more egalitarian society.

Despite such life-altering, progressive judgments, a major setback was suffered. Only recently with the court of law stating that criminalizing marital rape would destabilize the institution of marriage.

Such a ruling after a thought-provoking one like the right to privacy being termed a fundamental right raises contradictory questions about the court’s stance.  Marital rape not only violates the basic rights of a human but also intrudes the privacy of a person. Such patriarchal notions still being held in our country outweighs the liberal judgments that have been passed until now. Whether the judgment will turn out in favor of the general will is to be seen. But, the verdict remains highly anticipated.

– Shrishti Vatsa

(Content Writer @ Legal Bites)