The Supreme Court has sought responses from the Centre and others on a plea seeking uniform procedural safeguards for all forms of ‘talaq’ (divorce) under Muslim personal law. A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi tagged the plea with a pending petition challenging the validity of Talaq-e-Hasan.
The fresh plea has sought a ban on Talaq-e-Hasan and other forms of unilateral extra-judicial divorce. It has also sought legally enforceable guidelines to ensure fairness, reconciliation and protection of women’s fundamental rights. The petition further challenges Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, insofar as it recognises Talaq-e-Hasan, and seeks safeguards for divorced women and their children.
Talaq-e-Hasan involves pronouncing the word talaq once a month over three months. Divorce is formalised after the third pronouncement if cohabitation has not resumed. The plea has also sought safeguards against polygamy without the free and informed consent of the existing wife. In 2017, the Supreme Court had declared instant triple talaq unconstitutional.
