Talaq-e-Hasan explained as SC hears validity challenge; how it differs from triple talaq

Why in news

The Supreme Court is hearing a petition by Benazeer Heena challenging the constitutionality of Talaq-e-Hasan, a form of Muslim divorce, alleging it violates fundamental rights.

Background

The petition seeks to declare Talaq-e-Hasan unconstitutional under Articles 14, 15, 21, and 25 of the Constitution. The Court noted concerns regarding advocates granting divorces without the direct involvement of their clients.

Facts for Prelims

• ConstitutionArticle 14: Right to Equality
• ConstitutionArticle 15: Prohibition of discrimination
• FactTalaq-e-Hasan: A specific form of divorce among Muslims in India distinct from Triple Talaq

For Mains

Q. Discuss the tension between religious personal laws and the constitutional guarantee of gender equality and individual dignity in India.

Dimensions to cover in your answer

• Constitutional conflict: Balancing Article 25 (religious freedom) with Article 14 (equality) and Article 21 (personal liberty)
• Judicial oversight: The role of the judiciary in reforming personal laws to align with modern human rights standards

Keywords: Personal Law · Gender Justice · Constitutional Morality · Judicial Review · Fundamental Rights

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