New Delhi: A plea has been moved in the Supreme Court seeking to declare Talaq-E-Hasan and all other forms of unilateral extra-judicial talaq as unconstitutional and void. It also seeks the issuance of direction to the Centre to frame guidelines for gender-neutral, religion-neutral uniform grounds of divorce and uniform procedure of divorce for all.
The petition has been filed by a Muslim woman, who claimed to be a journalist as well as a victim of Unilateral Extra-Judicial Talaq-E-Hasan. The woman has filed the petition through advocate Ashwani Kumar Dubey. "The practice of Talaq-E-Hasan and other forms of unilateral extra-judicial talaq is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of the Islamic faith. Many Islamic nations have restricted such practice, while it continues to vex the Indian society in general and Muslim women like the Petitioner in particular," the petitioner submitted.
Further, it was submitted that the practice also wreaks havoc on the lives of many women and their children, especially those belonging to the weaker economic sections of society. The petitioner was married to a man as per Muslim rites on December 25, 2020, and has a boy from wedlock. She has claimed that her parents were compelled to give dowry and later she was tortured for not getting a big dowry. She also claimed that her husband and his family members tortured her physically-mentally not only after the marriage but also during the pregnancy which made her seriously ill.