A big and relief news has come from the Supreme Court in the case of journalist Benazir Hina. This news is not only a comfort for Hina, but is also a ray of hope for thousands of women who are fighting for the rights of themselves and their children amid marital disputes and practices like ‘talaq-e-hasan’. The Supreme Court has not only approved Hina’s demand, but has also issued strict instructions to secure the future of the child. What happened in the court? What is Talaq-e-Hassan? And why is this decision considered so important?
Benazir Hina, who is a journalist by profession, had challenged the constitutional validity of ‘talaq-e-hasan’. Her fight was not only for herself, but also for the rights of her child. While hearing her petition, the Supreme Court has given strict instructions to the husband and the concerned institutions. The biggest decision the court has given is regarding the maintenance of the child. The court has ordered Hina’s husband to pay Rs 10,000 every month for the expenses of the child. This amount will be given to meet the basic needs of the child.
School problems end
Clearing the way for admission in school: It is often seen that a child’s education suffers due to fights between parents. Same thing was happening in Hina’s case also. She wanted to enroll her child in a good school, but was facing problems due to formalities (like father’s consent or documents). The Supreme Court has given direct instructions to that school to enroll the child immediately. The court made it clear that the child’s education should not be stopped because of the father’s non-cooperation. The hassle of Aadhaar and passport is over. The court has also ordered to remove the obstacles related to Aadhaar card and passport. Now the father’s arbitrariness will not come in the way of the child’s documents.
What is Talaq-e-Hassan?
- Now the question arises that after all, is the practice against which Benazir Hina went to court, ‘talaq-e-hasan’? And how is it different from ‘Triple Talaq’ (talaq-e-biddat) which the government has already banned?
- If understood in common parlance, there are many ways of giving divorce in Islam. One of these is Talaq-e-Hassan. In this method, a Muslim man does not give triple talaq to his wife at one go. Instead, he grants divorce within a period of three months.
- First month: Husband says divorce once. After this, both have one month’s time to reconcile. If during this time there is physical relationship between the two or there is a reconciliation, then the divorce is considered cancelled.
- Second month: If there is no reconciliation in the first month, then in the next month (during the period of purity or ‘Tuhar’) the husband pronounces “talaq” for the second time. Then you get one month’s time.
- Third month: If there is no reconciliation even in the third month and the husband pronounces “talaq” for the third time, then this divorce becomes permanent (Irrevocable). After this the relationship between husband and wife is considered to end.
What is the problem?
This process may sound better than ‘instant triple talaq’ because it provides a chance of withdrawal. But, those who oppose it say that it is also one-sided. That is, only the man has the full right to divorce. Even if the wife wants to save the relationship and the husband is adamant, the relationship will end after three months. The woman’s consent is not involved in this.
Supreme Court’s displeasure: Does it have a place in a civilized society?
During the previous hearings of this case, the Supreme Court had made very harsh remarks, which has now become a topic of discussion. The court had orally said, “Can this be allowed in a civilized society? This is a practice under which a Muslim man can end a relationship by uttering the word ‘talaq’ once every month for three months. This question of the court indicates that the judiciary is no longer in a mood to accept practices which do not give equal status to women, even if they are part of religious personal law. The court has also indicated that the matter will be referred to a constitutional bench for a detailed hearing. Can be sent.
Why is this decision important?
This is not just a court order, the messages behind it are very deep. Let us understand why this decision and the stance of the Supreme Court is so important.
1. Child’s rights paramount
Often in divorce cases, the child gets crushed in the fight between husband and wife. Many times the father does not give the documents or withholds the school fees to harass the child. The Supreme Court has set an example with this order that “the quarrel between the parents should not affect the future and education of the child. Giving direct order to the school shows that the interest of the child is paramount for the court.
2. Making the path of ‘single mother’ easier
In India, if a mother is raising her child alone and the father is not cooperating, then one has to go through a lot of trouble to get school admission or passport made. The instructions given by the court regarding Aadhaar and passport are, in a way, a message to the system that the mother and child should not be entangled in government files due to the father’s absence or non-cooperation.
3. Injury due to unilateral divorce
Instant triple talaq (talaq-e-biddat) has become illegal. Now it is the turn of practices like Talaq-e-Hassan. This decision is important because it raises the debate whether in today’s era, when women are ahead in every field, a man can end a relationship within three months just on his own will, without any concrete reason or legal process? The court’s comment shows that the judiciary is looking at it from the lens of ‘gender equality’.
4. Personal Law vs Constitution
This case once again brings to the fore the old debate whether religious laws can be above the fundamental rights (like right to equality) given by the Constitution? The basis of Benazir Hina’s petition is that this practice violates Articles 14, 15 and 21 of the Constitution. Looking at the stance of the Supreme Court, it seems that there is scope for improvement in personal law in the coming times.
What will be the impact of the decision?
At present Benazir Hina has got interim relief. The child’s education will start and maintenance allowance will also start. But the big fight is yet to come. The Supreme Court has indicated that it will examine the constitutionality of Talaq-e-Hassan. Will it be completely eliminated? Or will women’s consent be made mandatory in this? It will be interesting to see. But today’s decision has proved that in the eyes of the law, a woman’s dignity and a child’s future are more valuable than old stereotypes. This decision gives courage to all those women who believe that if the practice is wrong, then it is important to raise voice against it, just like Benazir Hina did.
