“How Can This Be Allowed in a Civilised Society?” Supreme Court Questions Talaq-e-Hasan, Hints at Reference to Constitution Bench

The Supreme Court of India has strongly questioned the validity of Talaq-e-Hasan —a practice permitting a Muslim man to divorce his wife by pronouncing “talaq” once a month over three months—suggesting that such unilateral practices may not hold water in a modern constitutional democracy.

In a significant development on Wednesday, a three-judge bench comprising Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh indicated that the constitutional challenge to this practice might be referred to a five-judge Constitution Bench for an authoritative ruling.

“Society at Large is Involved”

Hearing a Public Interest Litigation (PIL) filed by journalist Benazeer Heena , the Court made trenchant oral observations regarding the dignity of women and the role of the judiciary in correcting