Supreme Court Slams 'Talaq-e-Hasan' Divorce Practice: 'Is This What You Follow?'

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The Supreme Court expressed outrage over the 'Talaq-e-Hasan' practice, a form of triple talaq where a Muslim man can divorce his wife by saying 'talaq' once over three months. The top court called the practice 'gross discriminatory' and hinted at striking it down. A Public Interest Litigation (PIL) petition filed by journalist Benazeer Heena in 2022 sought to declare the practice unconstitutional, citing its irrationality, arbitrariness, and violation of Articles 14, 15, 21, and 25 of the Constitution. The petitioner's husband had allegedly used the practice to divorce her through a lawyer after she requested dowry, and her in-laws were harassing her. During the hearing, Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh expressed concern over the practice's impact on society. 'Is this what you follow?' Justice Kant asked, highlighting the need for remedial measures. The bench suggested referring the matter to a five-judge panel and asked parties to submit notes on potential questions for consideration. Justice Kant also noted that while the petitioner, a journalist, has access to the Supreme Court, many women from less privileged backgrounds may be suffering in silence. The advocate for the petitioner's husband claimed it is a well-established Islamic practice to appoint someone to send a Talaq-e-Hasan notice. However, Justice Kant questioned why the husband couldn't communicate directly with the petitioner. The petitioner's counsel highlighted the difficulties she faced in proving her divorce, citing issues with admitting her child to school due to her 'divorced' status. The Supreme Court's strong stance against 'Talaq-e-Hasan' has sparked hopes for a potential ban on the practice.