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10 NUJS L. Rev. 427 (2017)
Triple Talaq - Gender Concerns and Minority Safeguards within a Communalised Polity: Can Conditional Nikahnama Offer a Solution?

handle is hein.journals/nujslr10 and id is 450 raw text is: TRIPLE TALAQ - GENDER CONCERNS AND MINORITY SAFEGUARDS WITHIN A COMMUNALISED POLITY: CAN CONDITIONAL NIKAHNAMA OFFER A SOLUTION? Flavia Agnes* This article is written at a critical juncture, as we await the Supreme Court verdict on the triple talaq issue. The aim here is to trace the trajectory ofthis entire debate and analyse the various strands of the arguments presented before the Supreme Court. While it is anyone's guess which way the verdict will go, this article focuses attention on the Supreme Court's directive is- sued at the end ofthe hearing regarding the use ofa conditional nikahnama to restrain husbands from pronouncing arbitrary and instant triple talaq. By placing legal developments against the political backdrop, the article attempts to comprehensively address the interplay between gender, com- munity and law in the present with triple talaq as the context. I. INTRODUCTION Within a polarised environment, where 'neutral, secular, liberal and progressive' voices demanding justice for Muslim women are placed in op- position to the 'bearded, misogynist and patriarchal' Muslim clerics, it closes the space for Muslim women to express a nuanced view regarding the present controversy over triple talaq and enforces upon them an artificial identity ques- tion. B.S. Sherin, a research scholar of comparative literature in Hyderabad, articulates her concern: It is truly unfortunate that Muslim women's identity is high- lighted only in terms of personal laws, especially after the Shah Bano case. This overarching focus on personal law presents any improvement of Muslim women's lives as con- tingent only on the reform of personal laws. By raising the question of personal laws and of community-binding, the larger implications of culture, class and region on the lives of Indian Muslim women are deferred. Muslim women them- selves have come out in large numbers against the present Flavia Agnes is a feminist legal scholar and director of Majlis based in Mumbai which pro- vides litigation support to victims of domestic and sexual violence. She is a proponent of legal pluralism.

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