'Unislamic, draconian': Free Muslim women of talaq-e-hasan clutches too, says plea to SC

By A Representative
Considered close to the BJP-RSS dispensation, Firoz Bakht Ahmed, formerly chancellor of the Maulana Azad National Urdu University and grandnephew of Maulana Abul Kalam Azad, has approached the Supreme Court for a ban on talaq-e-hasan, a form of divorce by which a Muslim man can divorce his wife by pronouncing talaq once every month over a three-month period. He insisted, the perpetrators of this form of talaq should be jailed for 10-years.
Calling the practice of talaq-e-hasan or talaq-e-husna "void and unconstitutional", Ahmed cited a petition filed by Benazeer Heena, a journalist, before the Apex Court, stating that the curse is similar to triple talaq, "cured by Prime Minister Narendra Modi", though regretting, the bane of talaq-e-hasan continues to "haunt and horrify Muslim women."
In an email alert to Counterview, Ahmed, who approached the Supreme Court through his counsel Atulesh Kumar, said, "The only difference between triple talaq and talaq-e-hasan is the gap of three months, whereas triple talaq is given in one sitting... It is high time that Muslim women come out of the clutches of this draconian practice."
Seeking directions from the court to the Union of India to frame guidelines for uniform grounds and procedures for divorce for all citizens, Ahmed claimed, "Talaq-e-hasan and other forms of unilateral extra judicial talaq are an evil plague similar to 'sati'... Many poor women in Muslim society are leading a pathetic and pitiable life owing to the practice." Hence there should be "complete ban on talaq-e-hasan and other forms of unilateral extra-judicial talaqs."
Even though Benazeer filed her case with the Apex Court soon after receiving her first divorce notice in May this year, after which she was got second the third notices, regreted Ahmed, the court appeared to believe there is "no urgency in the matter".
First, she was declined the request and asked her to make an application before the registrar instead. On receiving her final notice of talaq, the court did list the matter, but told her counsel, Anand, to seek instruction from the petitioner, Benazeer, whether she was open to divorce by mutual consent if "meher" was taken care of.
Claiming that talaq in Islam is "the most heinous and horrendous act/ crime in the eyes of Allah", Ahmed cites the case of Sahaba, a follower of Prophet Muhammad, who approached Him to divorce his wife. The Prophet asked him the reason. Sahaba made many complaints against his wife. The Prophet then asked him if his wife just had any one good quality. Sahaba, a truthful man, responded that she did have a good quality.
At that point, the Prophet advised the Sahaba, “Look here, if your wife has 99 (ninety nine) negative qualities but just one good quality, shun thinking about divorcing her and spend the rest of your life with her just focusing on that single good quality and treat her as your dutiful wife as Allah considers the sin of divorce to be one of the most pugnacious, unpalatable and unpleasant among all sons committed by humans."
Based on this anecdote, Bhakht said, all forms of unilateral extra-judicial talaqs, including talaq-e-hasan/ talaq-e-husna, are void and unconstitutional, are arbitrary and irrational sans compassion. They also lack concern for Articles 14, 15, 21 & 25 of the Constitution of India. The court to the Union of India should frame guidelines for gender neutral, religion neutral, uniform grounds for divorce and its procedure for all citizens, he added.

Comments

MG-NREGA: A global model still waiting to be fully implemented

By Bharat Dogra When the Mahatma Gandhi National Rural Employment Guarantee Act (MG-NREGA) was introduced in India nearly two decades ago, it drew worldwide attention. The reason was evident. At a time when states across much of the world were retreating from responsibility for livelihoods and welfare, the world’s second most populous country—with nearly two-thirds of its people living in rural or semi-rural areas—committed itself to guaranteeing 100 days of employment a year to its rural population.

Gram sabha as reformer: Mandla’s quiet challenge to the liquor economy

By Raj Kumar Sinha* This year, the Union Ministry of Panchayati Raj is organising a two-day PESA Mahotsav in Visakhapatnam, Andhra Pradesh, on 23–24 December 2025. The event marks the passage of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), enacted by Parliament on 24 December 1996 to establish self-governance in Fifth Schedule areas. Scheduled Areas are those notified by the President of India under Article 244(1) read with the Fifth Schedule of the Constitution, which provides for a distinct framework of governance recognising the autonomy of tribal regions. At present, Fifth Schedule areas exist in ten states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. The PESA Act, 1996 empowers Gram Sabhas—the village assemblies—as the foundation of self-rule in these areas. Among the many powers devolved to them is the authority to take decisions on local matters, including the regulation...

Concerns raised over move to rename MGNREGA, critics call it politically motivated

By A Representative Concerns have been raised over the Union government’s reported move to rename the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), with critics describing it as a politically motivated step rather than an administrative reform. They argue that the proposed change undermines the legacy of Mahatma Gandhi and seeks to appropriate credit for a programme whose relevance has been repeatedly demonstrated, particularly during times of crisis.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Rollback of right to work? VB–GRAM G Bill 'dilutes' statutory employment guarantee

By A Representative The Right to Food Campaign has strongly condemned the passage of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB–GRAM G) Bill, 2025, describing it as a major rollback of workers’ rights and a fundamental dilution of the statutory Right to Work guaranteed under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). In a statement, the Campaign termed the repeal of MGNREGA a “dark day for workers’ rights” and accused the government of converting a legally enforceable, demand-based employment guarantee into a centralised, discretionary welfare scheme.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Making rigid distinctions between Indian and foreign 'historically untenable'

By A Representative Oral historian, filmmaker and cultural conservationist Sohail Hashmi has said that everyday practices related to attire, food and architecture in India reflect long histories of interaction and adaptation rather than rigid or exclusionary ideas of identity. He was speaking at a webinar organised by the Indian History Forum (IHF).

India’s Halal economy 'faces an uncertain future' under the new food Bill

By Syed Ali Mujtaba* The proposed Food Safety and Standards (Amendment) Bill, 2025 marks a decisive shift in India’s food regulation landscape by seeking to place Halal certification exclusively under government control while criminalising all private Halal certification bodies. Although the Bill claims to promote “transparency” and “standardisation,” its structure and implications raise serious concerns about religious freedom, economic marginalisation, and the systematic dismantling of a long-established, Muslim-led Halal ecosystem in India.

From jobless to ‘job-loss’ growth: Experts critique gig economy and fintech risks

By A Representative Leading economists and social activists gathered in the capital on Friday to launch the third edition of the State of Finance in India Report 2024-25 , issuing a stark warning that the rapid digitalization of the Indian economy is eroding welfare systems and entrenching "digital dystopia."

Search This Blog