The BJP on Tuesday claimed a political victory for having been on the side of women in the triple talaq case, and the Congress’ was a “me too” imitation, even though it is the Supreme Court which has once again stepped in where successive legislatures have refused to tread.

While Prime Minister Narendra Modi chose to stand above partisan concerns after the verdict, only hailing the judgement as “historic”, BJP President Amit Shah had no hesitation in asserting that it is the PM and the BJP-led government that needs to be thanked for supporting Muslim women’s concerns before the apex court.

“I thank the Prime Minister Narendra Modi and the BJP Government to place the Muslim women’s version before the Supreme Court in a wise and judicious manner,” Shah said in a statement. He hailed the verdict as a progressive step towards “New India”, the latest political initiative of the Prime Minister.

What the BJP is claiming credit for is the Centre’s affidavit in the ‘Shayara Bano vs Union of India’ case, in which it took a categorical stand that personal laws must comply with fundamental rights. The Centre roughly concurred with the petitioner who had challenged the Constitutional validity of certain practices of Muslim personal law, such as triple talaq, polygamy and nikah halala.

While as ‘Union of India’, the ruling BJP did not seek to amend the Muslim Personal Law (Shariat) Application Act, 1937 which has remained virtually unchanged since its enactment, it was quick to engineer a public discourse and support a petition challenging the government. In other words, the BJP did not amend the Shariat Act; instead, the government it runs supported a petition challenging its own position as the protector of that law. The ruling party eventually pocketed political credit for the move.

The Congress, typically, shilly-shallied about its position. One of its top leaders, Kapil Sibal, had appeared for the All India Muslim Personal Law Board and argued before the Court that, “If I have faith that Lord Rama was born at Ayodhya, then it is a matter of faith and there is no question of Constitutional morality…Triple Talaq is there since 637. Who are we to say that this is un-Islamic? Muslims are practising it for the last 1,400 years. It is a matter of faith. Hence, there was no question of Constitutional morality and equity.”

Compare this with what Finance Minister Arun Jaitley said in a blog supporting the Centre’s affidavit in the Court. “Reforming personal laws, even if there is no uniformity, is an ongoing process. With passage of time, several provisions became obsolete, archaic and even got rusted. Governments, legislatures and communities have to respond to the need for a change,” Jaitley wrote at the time.

Even if the legislature did not respond, the government did, by filing an affidavit. The BJP has once again timed it with precision.

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