After triple talaq, now a plea to end Talaq-e-Hasan, Mumbai woman reaches Supreme Court

Talaq-E-Hasan In SC: Women suffering from the prevalent Talaq-e-Hasan system in Muslim society continue to reach the Supreme Court. Now Nazreen Nisha, a resident of Mumbai, has filed a petition in the court. In this petition, there has been a demand to repeal Talaq-e-Hasan and other such arrangements. On May 2, Benazir Hina of Ghaziabad also filed a petition making such a demand. It has been said in these petitions that a system like Talaq-e-Hasan gives men the unilateral right to terminate the marriage of their own free will. It places Muslim women in a position of inequality.

Supreme Court only banned talaq-e-biddat

On August 22, 2017, the Supreme Court had declared the cancellation of marriage unconstitutional by saying 3 talaqs simultaneously. Most of the Muslim Ulemas also believed that this system, called talaq-e-biddat, was not according to the Quran. After the decision of the court, the government has also made a law to declare triple talaq to be a crime. But the systems like Talaq-e-Hasan and Talaq-e-Ehsan are still intact. Under these, the husband can annul the marriage by saying talaq thrice in writing or orally at an interval of 1 month.

Nazreen Nisha has filed a petition

It has been told in the petition of Nazreen Nisha that when she was diagnosed with TB, her husband Akram forcibly sent her to her maternal home. After that gradually started increasing the distance. After almost 8 months of no contact, now I have sent 2 divorce notices via text message on mobile. Nazreen, from a financially weak family, says that she does not know how she will make a living going forward. The right of the husband to terminate the marriage on his own volition violates the fundamental right of the wife, under which the Constitution gives every citizen the right to live with dignity.

declare talaq-e-hasan unconstitutional

In the petition filed through advocate Ashutosh Dubey, it has been said that in the name of religious freedom, Muslim women cannot be deprived of fundamental rights like equality before law (Article 14) and living with dignity (Article 21). Therefore, the Supreme Court should declare talaq-e-hasan and all other forms of talaq unconstitutional as unconstitutional. Order the cancellation of Section 2 of the Shariat Application Act, 1937. Also, order the complete repeal of the Dissolution of Muslim Marriage Act, 1939.

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