Supreme Court's Indication on Talaq-e-Hasan

The Supreme Court has suggested it might strike down the practice of Talaq-e-Hasan, a procedure allowing a Muslim man to divorce his wife by declaring 'talaq' once every month over three months.

Deliberations and Observations

• The bench comprising Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh is considering whether to refer the matter to a five-judge bench.
• The court has asked involved parties to submit notes outlining broad questions for consideration.
• Justice Kant emphasized the need for court intervention in practices affecting the dignity of women and societal standards.

Concerns Over the Practice

• Justice Kant questioned the continuation of such practices in a civilized society, highlighting potential discrimination.
• The practice is criticized for its impact on women's dignity and societal norms.

Public Interest Litigation

• The issue arose from a PIL filed by journalist Benazeer Heena in 2022.
• The PIL claims the practice is unconstitutional, violating Articles 14, 15, 21, and 25 of the Constitution due to its irrationality and arbitrariness.
• The petitioner seeks gender and religion-neutral procedures and grounds for divorce.
• The petitioner's husband allegedly divorced her via a Talaq-e-Hasan notice after dowry-related harassment.