New Delhi: A petition has been filed in the Supreme Court seeking to declare Talaq-e-Hasan and all other forms of unilateral divorce as unconstitutional and illegal. In this petition, the Central Government has been sought to issue guidelines for equal grounds of divorce without religious discrimination and for a uniform process of divorce for all sections of the society.
This petition has been
filed by a Muslim woman. Apart from being a journalist, the woman has claimed
to be a victim of unilateral extra-judicial Talaq-e-Hasan. The woman has filed
the petition through advocate Ashwani Kumar Dubey. The petition states that the
practice of talaq-e-hasan and other forms of unilateral divorce is neither in
consonance with the modern principles of human rights nor gender equality.
It
has been said in the petition that such practices have been banned in many
Islamic countries. Such practices are causing difficulties to the Indian
society in general... Muslim women in particular. Such practices have also put
the lives of women and their children at risk. Such practices are a problem
especially for the people belonging to the economically weaker section of the
society.
According to the
report of news agency ANI, the petitioner victim was married on 25 December
2020 according to Muslim customs to a man who has a boy. The victim claims that
her parents were forced to give dowry. The woman was tortured for not getting
dowry. The petitioner also claims that her husband and his family members
tortured her so much that she became seriously ill.
Also Read: Vaccination Drive: SC's decision regarding Corona Vaccination - cannot force the vaccine
According
to the victim, when her father refused to give dowry, her husband gave
unilateral non-judicial talaq-e-hasan through a lawyer. This is completely
against Article 14, 15, 21, 25 and United Nations Convention. The counsel for
the petitioner said that talaq-e-hasan and unilateral non-judicial talaq are
arbitrary, irrational and violative of Articles 14, 15, 21, 25 which are
unconstitutional.
The petitioner has
also sought a direction to Section-2 of the Muslim Personal Law (Shariat)
Application Act, 1937. It says that it violates Articles 14, 15, 21, 25 as it
legalizes talaq-e-hasan and one-sided non-judicial divorce. Read More