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News Topical, Digital Desk : The Supreme Court on Wednesday expressed displeasure over the repeal of Talaq-e-Hasan. The court asked whether this practice, which degrades the dignity of women, should be allowed to persist in modern civilized society. According to the court, after triple talaq, the repeal of Talaq-e-Hasan can now be considered.
In fact, a bench comprising Justices Surya Kant, Ujjwal Bhuyan and N. Kotiswar Singh indicated that it may seriously consider declaring the practice unconstitutional and is also considering referring the matter to a five-judge Constitution bench.
The Supreme Court indicated its cancellation
The Supreme Court on Wednesday indicated that it may consider striking down Talaq-e-Hasan, a practice under which a Muslim man can divorce his wife by uttering the word "talaq" once every month for three months. The bench comprising Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh also indicated that it may refer the matter to a five-judge bench. For this, the bench asked the parties concerned to submit notes with broad questions arising for consideration.
The court said, "Once you provide us with a brief note, we will consider the desirability of referring the matter to a five-judge bench. Please broadly state the questions that may arise. We will then see whether they are primarily of a legal nature and should be addressed by the court."
Discriminatory behavior is happening...
The Court stated that since this practice affects society at large, the Court may have to intervene to take corrective measures. It involves the entire society. Certain corrective measures must be taken. If blatant discrimination is occurring, the Court must intervene.
Should this also be abolished?
The judge asked how such a practice, which affects the dignity of women, could be allowed to continue in a civilized society. What kind of thing is this? How are you promoting this in 2025? Do you allow the best religious practices we follow? Is this the way a woman's dignity can be maintained? Should a civilized society allow such a practice?
what is the whole matter
The case stems from a public interest litigation filed by journalist Benazir Heena, which seeks a complete ban on Talaq-e-Hasan, citing it as a violation of Articles 14, 15, 21, and 25. The petitioner's husband allegedly divorced her by sending her a Talaq-e-Hasan notice through a lawyer because his family refused to pay dowry.
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