SC showing tilt towards idealism: Justice Gogoi

It is my earnest view that the Supreme Court, in the triple talaq judgment, did perhaps what it could not do in the Shah Bano case. "It extended democratic ideals into a very intimate private sphere of two autonomous individuals. The Shah Bano ruling (1985) began with these words: 'This appeal does not involve any question of constitutional importance'," Justice Gogoi said. The apex court judge added that both the landmark cases were treated differently. "In the triple talaq judgment, the court tested the practice of unilateral talaq on the touchstone of this very Constitution," he said. In the Shah Bano case, the court "perhaps did not deem the issue to be so much an issue of gender equality. "In the Shayara Bano case, it left no stones unturned when it held triple talaq to be inequitable in terms of Article 14 (dealing with equality)," Justice Gogoi noted. "Without an inkling of doubt, this piece of law will be a sterling addition to Indian legal philosophy on gender justice," he added. Highlighting the reasons for the change in the apex court's approach in dealing with issues of public interest, Justice Gogoi said the country had witnessed a socio-political and economic transformation over the years. "India is transforming from socialism to acquire a new identity. The rise of the capitalist class has made India extremely susceptible to corruption and the consequent criminalisation of politics and economy and aberrations in good governance," he added. The "watchdog vacuum" created due to these changes was being filled by the judiciary, Justice Gogoi said.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)