In the Supreme Court, a petition has been filed to declare Talaq-E-Hasan and all other types of unilateral extrajudicial talaq unlawful and void.It also asks for a directive to the Centre to frame guidelines for gender-neutral, religion-neutral uniform grounds for divorce and a standard divorce procedure for everyone.
A Muslim woman claimed to be a journalist and a victim of Unilateral Extra-Judicial Talaq-E-Hasan, filed the petition in the court. The petition was submitted by the woman through lawyer, Ashwani Kumar Dubey.
“The practice of Talaq-e-Hasan and other forms of unilateral extra-judicial talaq is neither harmonious with the modern principles of human rights and gender equality, not an integral part of the Islamic faith. Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general and Muslim women like petitioner in particular,” the plea stated.
Furthermore, it was claimed that the practice had a negative impact on the lives of many women and their children, particularly those from lower socioeconomic backgrounds.
On December 25, 2020, the petitioner married a man according to Muslim traditions and has a son out of wedlock.She claimed that her parents were forced to give dowry and that she was later abused because she did not receive a hefty dowry.
She further alleged that her husband and his family harassed her mentally and physically not just after the marriage, but also during her pregnancy, which caused her to become seriously ill.
The petitioner has asked that the practise of “Talaq-E-Hasan” and “all other types of unilateral extrajudicial talaq” be declared void and unconstitutional since it is arbitrary, irrational, and violates Articles 14, 15, 21, and 25.
The petitioner further asked the court to declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, illegal and unconstitutional since it authorises the practise of “Talaq-E-Hasan and other kinds of unilateral extra-judicial talaq” in violation of Articles 14, 15, 21, and 25.
It also sought to declare the Dissolution of Muslim Marriage Act of 1939 illegal and unconstitutional for failing to safeguard Muslim women against “Talaq-E-Hasan and other types of unilateral extra-judicial talaq” in violation of Articles 14, 15, 21, and 25.
The petitioner also requested that the court issue an order establishing standards for gender-neutral, religion-neutral uniform grounds for divorce and a uniform divorce procedure for all.