Instant Triple Talaq: An Another Instance of Judicial Overreach into Mare’s Nest

Abstract

The ambit of Indian judiciary has been consistently expanding since the time India opted for a constitutional democracy. The past few decades have seen a considerable surge in this direction owing to the favorable atmosphere towards judicial activism especially with regards to the cases pertaining to social justice. Instant triple talaq is the latest instance whereby judiciary has chipped away this time at Personal Laws in the guise of gender justice. Such forays of the judiciary into unknown territories is leading to all kinds of complicated situations from blaming judiciary as being the vehicle for left-leaning intellectuals/agenda to being the carrier of right wing communal agenda behind the curtain of pursuing justice while the pressing issues such as pendency of cases has been eating the trust between judiciary and people like the termites.