On Thursday, the Indian Supreme Court agreed to hear petitions challenging the validity of talaq-e-hasan, a form of unilateral divorce under Muslim personal law that allows a man to pronounce the word “talaq” three times, either orally or in writing, with a one-month gap between each pronouncement. The court observed that the petitions squarely challenged the constitutionality of the mode of divorce, and therefore set them up for a detailed hearing.
Talaq-e-hasan has been a controversial practice in India, with some arguing that it is discriminatory towards women and violates their rights. In 2017, the Supreme Court of India declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional and void, finding it to be arbitrary and discriminatory towards women. However, the validity of other forms of talaq, including talaq-e-hasan, has not been specifically challenged until now.
The petitions challenging talaq-e-hasan were filed by Muslim women, including one by Benazeer Heena. The case will be heard by a bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala. The decision to hear the case has been welcomed by women’s rights activists who have been advocating for reforms in Muslim personal law.
It remains to be seen what the outcome of the case will be, as any decision by the Supreme Court will depend on the specific legal arguments presented and the interpretation of relevant laws and constitutional provisions. However, the fact that the court has agreed to hear the case is a positive step towards addressing concerns over the validity and constitutionality of talaq-e-hasan and protecting the rights of Muslim women.