New Delhi: The Supreme Court, on Wednesday, expressed shock with the practice of Talaq-e-Hasan, that enables a Muslim man to divorce his wife by uttering the word ” talaq” once for three consecutive months.
Terming the practice as “gross discriminatory”, the bench of Justice Surya Kant, Justice Ujjal Bhuyan and Justice N kotiswar Singh hinted that it may step in to abolish this form of triple talak.
The Court was hearing a Public Interest Litigation (PIL) filed by journalist Benazeer Heena in 2022, seeking that the practice be declared unconstitutional as it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution, Bar and Bench has reported.
The petitioner also sought guidelines on gender and religion neutral procedures and grounds to dissolve marriages.
Heena’s husband had allegedly divorced her by sending a Talaq-e-Hasan notice through a lawyer over dowry. Her in-laws were also allegedly harassing her for the same.
The Court observed that it may have to step in to take remedial measures as the practice affects society at large.
“Society at large is involved. Some remedial measures have to be taken. If there are gross discriminatory practices, then the court has to interfere,” Justice Kant observed.
He wondered how a practice like Talaq-e-Hasan, which is against the dignity of women, can be allowed to remain in a civilised society.
“What kind of thing is this? How are you promoting this in 2025? Whatever best religious practice we follow, is this what you allow? Is this how the dignity of a woman is upheld? Should a civilised society allow this kind of practice?” the judge asked.
Saying that the matter may get referred to a five-judge bench, the Court asked the parties before it to submit notes with the broad questions which may arise for consideration.
Justice Kant also observed that while the petitioner, being a journalist, has the ability to go to the Supreme Court, many women from less privileged backgrounds may be suffering in silence.
“Today we have a journalist before us. What about those unheard voices living in remote areas,” the bench wondered.
The counsel for the petitioner’s husband told the Court during the day that it is a well-known practice in Islam to appoint a person to send a Talaq-e-Hasan notice.
Justice Kant then wanted to know why the man – who had appointed a lawyer to send the Talaq-e-Hasan – could not communicate directly with the petitioner.
Heena’s lawyer submitted that due to the manner in which she got the Talaq-e-Hasan notice, she has been unable to prove that she is divorced, though her husband has married again.
“The problem started with the schools where I wanted to get my child admitted. Everywhere I said I was a divorcee, my papers were not accepted. Admission was rejected. I told the father has moved on, married again. I don’t know the technicalities,” Heena’s counsel submitted.
