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The Supreme Court of India has issued a significant ruling in the case of Benazir Hina, a journalist who challenged the practice of Talaq-e-Hasan. This verdict marks a crucial step in strengthening the rights of Muslim women in India.
Benazir Hina had faced difficulties after her husband used Talaq-e-Hasan, a unilateral form of divorce, impacting her daughter's school admission and document applications.
The Supreme Court has now granted her substantial relief, ordering her husband to pay ₹10,000 monthly for child support, directing immediate school admission for her daughter, and ensuring no documents are withheld. The court emphasised that a childs future must not suffer due to parental disputes.
Beyond immediate relief, the Supreme Court has also agreed to examine the constitutional validity of Talaq-e-Hasan itself. Benazir Hina’s petition argues that this practice violates Articles 14, 15, and 21 of the Indian Constitution, as it grants men unilateral power and discriminates against women.
This development suggests a potential "personal law reform 2.0," following the abolition of Triple Talaq, aiming to address concerns about the practices impact on womens dignity and equality.
