Supreme Court Questions Talaq-e-Hasan: “How Is This Allowed in Modern Society?”
The Supreme Court of India has raised strong concerns over the continued practice of Talaq-e-Hasan , a form of unilateral divorce under Muslim personal law that allows a husband to pronounce “talaq” once a month, over three months, to dissolve the marriage. The Court questioned whether such a practice can survive in a modern, constitutional democracy committed to gender equality and dignity. Supreme Court's Observation: A Question of Dignity and Modernity A bench led by Justice Surya Kant , and comprising Justices Ujjal Bhuyan and N. Kotiswar Singh , observed that the issue goes beyond the rights of an individual woman and concerns societal dignity and the constitutionally guaranteed status of women in India. The Court noted that if Talaq-e-Hasan is found to be discriminatory or arbitrary, it may require regulation or complete invalidation to align it with modern constitutional principles. Facts of the Case: The Petitioner's Challenge The Court was hearing petitions i...