Talaq-e-Hasan controversy: Supreme Court asks Center to respond to plea challenging Muslim divorce practices | Today’s news
The Supreme Court on Friday asked the Center and other authorities to respond to a petition seeking uniform procedural safeguards and guidelines for all forms of ‘talaq’ (divorce) under Muslim personal law.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was informed by the petitioner’s counsel that the plea also challenged the validity of ‘Talaq-e-Hasan’.
“Talaq-e-Hasan” is a form of divorce in which a Muslim man can end his marriage by uttering the word “talaq” once a month for three months.
The bench also termed the petition as a separate pending suit filed by a Muslim woman challenging the validity of the word ‘Talaq-e-Hasan’ uttered by her husband.
What does the new petition aim for?
The new petition sought to direct the authorities to declare ‘Talaq-e-Hasan’ and other forms of unilateral extra-judicial ‘talaq’ as an evil to be banned.
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It also sought adequate economic and social protection for divorced women and their children affected by arbitrary forms of “talaq”. The petition requests that these measures be provided retroactively and continuously.
Plea seeks uniform guarantees for divorce
The petition urged the Center to “develop and implement uniform procedural safeguards and legally enforceable guidelines governing all forms of ‘talaq’/divorce under Muslim personal law to ensure justice, reconciliation, transparency and protection of women’s fundamental rights guaranteed under Articles 14, 15 and 21 of the Constitution”.
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It also sought a direction to declare Section 2 of the Application of Muslim Personal Law (Shariat) Act, 1937 unconstitutional to the extent that it recognizes and upholds “Talaq-e-Hasan” as a valid form of divorce.
Petition calls for gender-fair divorce rules
The petition further urged the Center to create comprehensive, gender-equitable and religion-neutral procedural safeguards for annulment of marriage, including divorce under personal laws.
She said these guarantees should be in line with Articles 14, 15 and 21 of the Constitution, which deal with equality before the law, protection from discrimination and the right to life and personal liberty.
While Article 14 deals with equality before the law, Article 15 deals with the prohibition of discrimination based on religion, race, caste, sex or place of birth. Article 21 concerns the protection of life and personal liberty.
The cause of action sought to declare that “the absence of statutory safeguards regulating polygamy under Muslim personal law, insofar as it allows a Muslim to contract multiple marriages without ensuring equality, dignity, informed consent, financial security and constitutional protection for existing wives, is arbitrary, discriminatory and in violation of Articles 14, 15 and 21 of the Constitution”.
She also sought a determination that entering into a subsequent marriage without the free, prior and informed consent of the existing spouse, by concealing or suppressing such intent, is arbitrary and unconstitutional.
According to “Talaq-e-Hasan”, divorce is formalized after the third utterance of the word “talaq” in the third month, if cohabitation has not been resumed during this period.
However, if cohabitation resumes after the first or second pronouncement of talaq, the parties are presumed to have reconciled.
In 2017, the Supreme Court declared triple “talaq”, also a form of divorce prevalent among the Muslim community, unconstitutional after finding that it was arbitrary and violated women’s fundamental rights.
(With inputs from news agency PTI)
