Supreme Court deprecates practice adopted under Talaq-e-Hasan

Supreme Court deprecates practice adopted under Talaq-e-Hasan

## Supreme Court Expresses Reservations Regarding Talaq-e-Hasan, Hints at Broader Review

The Supreme Court of India has voiced concerns regarding the practice of Talaq-e-Hasan, a form of divorce permissible under Islamic law, suggesting that a larger constitutional bench may be required to examine its validity. This development signals a potential re-evaluation of personal laws and their constitutionality, adding another layer to the ongoing discourse surrounding gender equality and religious practices within the nation.

Talaq-e-Hasan allows a Muslim man to divorce his wife by pronouncing the word “talaq” (divorce) once a month for three consecutive months. The divorce becomes final after the third pronouncement, provided there is no reconciliation during this period. While proponents argue that this method offers a period for reflection and potential reconciliation, critics contend that it disproportionately favors the husband and leaves the wife vulnerable, particularly in cases involving financial security and custody of children.

The current observation by the Supreme Court stems from a specific case brought before it, the details of which remain largely undisclosed. However, the court’s pronouncements indicate a broader unease with the inherent power imbalance that Talaq-e-Hasan potentially creates. The court’s suggestion that a five-judge Constitution Bench may be required to deliberate on the matter signifies the complexity and constitutional importance of the issue. Constitution Benches are typically formed to address substantial questions of law pertaining to the interpretation of the Constitution.

The decision to potentially refer the matter to a larger bench underscores the sensitivity surrounding personal laws in India. These laws, which govern matters such as marriage, divorce, inheritance, and adoption, are often based on religious customs and traditions. While the Constitution guarantees freedom of religion, it also mandates equality before the law and prohibits discrimination on the basis of gender. This inherent tension often leads to legal challenges when personal laws appear to conflict with fundamental rights.

The debate surrounding Talaq-e-Hasan is not new. In 2017, the Supreme Court declared the practice of instant triple talaq (Talaq-e-Biddat) unconstitutional, deeming it a violation of Article 14 of the Constitution, which guarantees equality before the law. This landmark judgment paved the way for the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized instant triple talaq.

The current development regarding Talaq-e-Hasan suggests a continuation of this trend towards judicial scrutiny of Islamic personal laws. If a Constitution Bench is indeed formed, it will likely examine the practice through the lens of gender equality, fundamental rights, and the constitutional guarantee of equal protection under the law. The bench will also likely consider arguments from various stakeholders, including religious scholars, women’s rights activists, and legal experts.

The outcome of such a review could have significant implications for Muslim women in India and could potentially lead to further reforms in personal laws. Regardless of the final decision, the Supreme Court’s willingness to examine the validity of Talaq-e-Hasan highlights the ongoing commitment to ensuring that personal laws align with the constitutional principles of equality and justice, a commitment that continues to shape the legal and social landscape of the nation. The nation now awaits further developments, keenly aware that the future of personal laws and their impact on the lives of millions hangs in the balance.

This article was created based on information from various sources and rewritten for clarity and originality.