Monday, June 5, 2023

Supreme Court to hear challenge against practice of Talaq-e-Hasan among Muslims on Friday

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The Supreme Court on Thursday agreed to hear on Friday, a PIL challenging the practice of Talaq-e-Hasan among Muslims.

As per the practice, a Muslim man can divorce his wife by saying that the word “talaq” once a month, for three months.

Filed by journalist Benazeer Heena through Advocate Ashwani Kumar Dubey, the plea sought declaration that the practice was unconstitutional, as it was irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution.

The matter was today mentioned by Advocate Ashwini Kumar Upadhyay before a Bench comprising Justice A.S. Bopanna and Justice Vikram Nath, stating that since third talaq by the petitioner’s husband would be pronounced on June 19, 2022, the matter should be heard on an urgent basis. The Bench listed it for tomorrow.

A Vacation Bench of Justice D.Y. Chandrachud and Justice Bela Trivedi had said last month that there was no urgency in the matter and refused to grant early listing.

The Apex Court had, however, granted liberty to the petitioner to mention the matter again.

She submitted that her husband had allegedly divorced her by sending a Talaq-e-Hasan notice through a lawyer on April 19, after her family refused to pay dowry. The petitioner alleged that her in-laws were also harassing her for dowry.

The plea sought guidelines on a gender and religion neutral procedure and grounds for divorce.

It termed the practice as ‘unilateral extra-judicial talaq,’ and stated that banning it was the need of the hour, as it was not harmonious with human rights and equality and not necessary in the Islamic faith.

She said the practice was misused and since only men could exercise the same, it was also discriminatory.

Case Title: Benazeer Heena vs Union of India & Ors

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