Advocacy in SC Calls for Uniform Law for Divorce and Talaq-E-Hasan Ban

A plea was filed in the Supreme Court to declare Talaq-E-Hasan and all other forms of unilateral extrajudicial talaq unconstitutional and void. It also calls for the release of instructions to the Center to develop guidelines for uniform gender-neutral and non-religious grounds for divorce and a uniform divorce procedure for all.

The petition was filed by a Muslim woman, who claimed to be a journalist as well as a victim of unilateral extrajudicial Talaq-E-Hasan. The woman filed the petition through attorney Ashwani Kumar Dubey. “The practice of talaq-e-hasan and other forms of unilateral extrajudicial talaq is neither in harmony with modern principles of human rights and gender equality, nor an integral part of the Islamic faith. Many Islamic countries have restricted this practice, while it continues to vex Indian society in general and Muslim women like the petitioner in particular,” the petitioner said.

Furthermore, it has been argued that this practice also wreaks havoc in the lives of many women and their children, especially those from the weaker economic strata of society. The petitioner was married to a man under Muslim rites on December 25, 2020 and has a son from the marriage.

She claimed that her parents were forced to give a dowry and later she was tortured for not receiving a large dowry. She also claimed that her husband and his family members tortured her physically and mentally not only after marriage but also during pregnancy, which made her seriously ill. “When the applicant’s father refused to give the dowry, her husband gave her a unilateral extrajudicial Talaq-E-Hasan through a lawyer, which is completely contrary to Articles 14, 15, 21, 25 and United Nations conventions,” said the applicant’s lawyer.

The petitioner urged to order and declare the practice of “Talaq-E-Hasan and all other forms of unilateral extrajudicial talaq” to be void and unconstitutional as arbitrary, irrational and contrary to Articles 14, 15, 21, 25. The Le petitioner also sought to order and declare Section 2 of the Muslim Personal Law Enforcement (Shariah) Act 1937 to be void and unconstitutional as it violates Sections 14, 15, 21, 25, insofar as it validates the practice of “Talaq-E-Hasan and other forms of unilateral extrajudicial talaq”.

He also sought to declare the Dissolution of Muslim Marriages Act 1939 void and unconstitutional for violating Articles 14, 15, 21, 25 insofar as it does not guarantee Muslim women protection from “Talaq-E- Hasan and other forms of one-sided out-of-court talaq.” The petitioner also sought to issue instructions to develop guidelines for uniform gender and religion-neutral grounds for divorce and a uniform divorce procedure for all.( ANI)

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