New Delhi:A Muslim woman Benazeer Heena on Monday moved to the Supreme Court under Article 32, seeking directions to declare the Dissolution of Muslim Marriage Act,1939, null and void after her husband gave her "Unilateral Extra-Judicial Talaq-E-Hasan".
Heena, who is a journalist by profession, alleged that she was tortured by her husband and in-laws for dowry and when her father refused to give dowry, her husband got rid of her using the Talaq-E-Hasan. She filed a complaint in Delhi Commission for Women, but was not granted any relief since Talaq-e-Hasan is permitted under Sharia law.
She has therefore moved to the top court contending that the Act is in gross violation of fundamental rights guaranteed under Articles 14,15,21 and 25 of the Indian Constitution. She further argued that Talaq-e-Hasan is an 'evil plague similar to Sati' and religious heads like imams and maulvis, who propagate it are grossly misusing their position, influence and power to subject Muslim women to a practice 'which treats them as chattel'. "The constitution neither grants any absolute protection to the personal law of any community that is arbitrary or unjust nor exempts personal laws from the jurisdiction of the legislature or the judiciary," read the plea.
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"The legislature has failed to ensure that dignity and equality of women in general and Muslim women in particular, especially when it concerns matters of marriage, divorce and succession. Despite the observations of this court for the past few decades, Uniform Civil Code remains an elusive constitutional goal that the courts have fairly refrained from enforcing through directions and the Legislature has dispassionately ignored except by way of paying some lip service. However, it is submitted that laws dealing with marriage and succession are not part of religion and the law has to change with time," read the plea.
Given certain examples like John Vallamattom and Prakash vs Phulavati, the journalist argued that the court itself had held the issue of gender discrimination against Muslim women under Muslim personal law. She further said that the lack of safeguards against the second marriage by a Muslim husband during the currency of first marriage notwithstanding the guarantees of the constitution of India needs to be examined. She said that triple talaq was declared illegal by the top court, but the issue of Talaq-E-Hasan still remains. She has also prayed for directions to the Central government to frame guidelines for Gender Neutral Religion Neutral Uniform Grounds of Divorce and Uniform Procedure of Divorce for all.
