New Delhi, Aug 11 (UNI) The Supreme Court today said it will proceed to hear petitions seeking to declare the practice of Talaq-e-Hasan and other forms of unilateral extra-judicial divorce among Muslims void and unconstitutional, noting that affected individuals were before the court.
“We should not be worried about technicalities; there are individuals who are affected and we will look into it,” a Bench of Justice Surya Kant and Justice Joymalya Bagchi told the respondent’s counsel, who argued that even after the Shayara Bano verdict, Sharia law remained unregulated.
The court allowed all intervention applications in the matter and directed that the opinions of the National Commission for Women (NCW), National Human Rights Commission (NHRC) and National Commission for Protection of Child Rights (NCPCR) be placed on record for proper assistance.
“We request Shri K.M. Nataraj, ASG, to seek instructions and ensure that their opinions are brought on record,” the Bench ordered. The matter will be heard for final arguments on November 19.
In an earlier hearing, the Supreme Court had observed that Talaq-e-Hasan was not prima facie improper. Under this practice, a Muslim man may divorce his wife by pronouncing “talaq” once a month over a three-month period.
The Public Interest Litigation, filed by journalist Benazeer Heena, seeks a declaration that Talaq-e-Hasan and other unilateral extra-judicial forms of talaq are unconstitutional, as Muslim women cannot exercise the same right.
The petition also prays for the framing of gender-neutral and religion-neutral uniform grounds and procedures for divorce.
Heena’s plea narrates her own experience, alleging that after her marriage to Yusuf Naqi in December 2020, she was harassed and tortured for dowry, including during her pregnancy, and was eventually divorced through Talaq-e-Hasan issued via a lawyer.
She contends the practice violates Articles 14, 15, 21 and 25 of the Constitution as well as United Nations conventions, and causes severe harm to women and children, particularly those from economically weaker sections.
The petition also calls for the Dissolution of Muslim Marriages Act, 1939, to be declared unconstitutional to the extent that it fails to protect Muslim women from unilateral extra-judicial divorce.
It relies on previous Supreme Court rulings holding that triple talaq is not an integral part of Islam and that Article 25 protects only religious faith, not practices contrary to public order, morality, or health.
