PIONEER EDGE NEWS SERVICE/Dehradun
The Supreme Court (SC) earlier this week had said it may consider referring the challenge to the validity of Talaq-e-Hasan, a form of divorce among Muslims in India, to a larger five-judge constitution bench while deprecating the practice of sending notices on the husband’s behalf. Through Talaq-e-Hasan, a Muslim man can dissolve a marriage by pronouncing the word talaq once every month over a three-month period. A bench of justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh which deprecated the practice adopted by Muslim husbands while giving Talaq-e-Hasan under which they authorise any person and mostly lawyer to give divorce notice to their wives on their behalf saying, “should a civilised modern society allow this”.
Many women of the community here feel that the system needs fairness and accountability. As the court considers sending the matter to a larger constitution bench, many women welcomed the scrutiny in Dehradun, saying that a modern and civilised society must ensure dignity and equal rights within marriage and divorce.
A local Muslim woman said on condition of anonymity that she supports the Supreme Court’s concern. “Talaq-e-Hasan may be a religious practice, but informing about divorce through a lawyer’s notice is painful. A marriage should end only after proper conversation and efforts to resolve problems. The society must ask whether this method gives women respect or not,” she said.
Another woman, a college student, said the system needs reform. “We respect our religion, but any step that affects a woman’s future should be handled with care. If a husband can say ‘talaq’ every month and end the marriage, then what protection does a woman have? The court is right in asking whether this fits in a modern, equal society,” she added.
Another Doon resident from the community said many women do not even get a chance to speak. “Most women don’t come forward due to family pressure. Practices like this allow only the husband to make decisions. Women want fairness and a chance to save the marriage. We hope the Supreme Court brings clarity so that no one misuses these practices,” she stressed.
However, not all agree with the SC’s views. A Muslim woman said she disagrees with the growing criticism of Talaq-e-Hasan. She said this practice has existed in the Muslim community for generations and is part of their religious law. It already gives time for reconciliation between each pronouncement of Talaq. The courts create confusion among families who follow these traditions, she opined.
