Relevance: GS2 – Fundamental Rights, Personal Laws | Source: Indian Express
The Supreme Court has questioned the continued practice of Talaq-e-Hasan, after a petitioner challenged its constitutionality, arguing it violates women’s dignity and the right to equality.
What is Talaq-e-Hasan?
- A form of revocable divorce under Sunni Muslim personal law.
- The husband pronounces talaq once every month (usually once every menstrual cycle) for three cycles.
- Divorce becomes final only after the third pronouncement.
- The wife has the option of khula (seeking divorce) and can challenge misuse.
Note: Unlike Talaq-e-Biddat (instant triple talaq), Talaq-e-Hasan is gradual, allowing scope for reconciliation.
Supreme Court’s Concerns
- Whether the practice aligns with Articles 14, 15 and 21.
- Whether unilateral divorce, even with a gap, is discriminatory.
- Whether personal laws can override constitutional guarantees of equality.
Challenges & Way Ahead
Challenges Highlighted | Way Forward |
| Unilateral power remains with husband; potential for misuse. | Move towards gender-neutral divorce frameworks within personal laws. |
| Lack of procedural safeguards for women. | Encourage codification of Muslim personal law to ensure uniform protections. |
| Tension between religious freedom (Art. 25) and equality rights. | Apply constitutional morality while respecting religious practices. |
UPSC Prelims Practice Question
With reference to Talaq-e-Hasan, consider the following statements:
- It is a revocable form of divorce in which pronouncements are spaced over a period of time.
- It was criminalised under the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (a)
(Instant triple talaq was criminalised, not Talaq-e-Hasan.)
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