SC hints at striking down practice of Talaq-e-Hasan

The Supreme Court on Wednesday indicated that it may strike down Talaq-e-Hasan, a practice in which a Muslim man can divorce his wife by saying the word 'talaq' once a month for three months.

A bench of justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh also indicated that it may "consider the desirability" of referring the matter to a five-judge bench. It asked the parties involved to submit notes with the broad questions that may arise for consideration.

The bench said since the practice in question affects society at large, the court may have to step in to take remedial measures. "Society at large is involved. Some remedial measures have to be taken. If there are gross discriminatory practices, then the court has to interfere," justice Kant verbally observed.

The judge went on to ask how such a practice, which affects the dignity of women, can be allowed to continue in a civilised society.

"What kind of thing is this? How are you promoting this in 2025? Whatever best religious practice we follow, is this what you allow? Is this how the dignity of a woman be upheld? Should a civilised society allow this kind of practice?" Justice Kant verbally remarked.

The development took place during the resumed hearing of a public interest litigation (PIL) filed by journalist Benazeer Heena in 2022, seeking a declaration that the practice is unconstitutional as it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution.

The plea also sought guidelines on a gender and religion neutral procedure and grounds for divorce. The petitioner's husband had allegedly divorced her by sending a Talaq-e-Hasan notice through a lawyer after her family refused to pay dowry, even as her in-laws were harassing her for the same.