As a result of being arbitrary, a woman from Karnataka has petitioned the Supreme Court to declare ‘All types of Unilateral Extra-Judicial Talaq, including Talaq-E-Kinaya and Talaq-E-Bain,’ illegal and unconstitutional.
Talaq-e-kinaya/talaq-e-bain is delivered using terms from the Kinaya language, such as ‘I liberate you,’ ‘You are free now,’ ‘You/this relationship is haram on me,’ ‘You are separated from me now,’ and other phrases. The practise of Talaq-E-Kinaya, Talaq-E-Bain, and other types of unilateral extrajudicial talaq have been considered to be incompatible with contemporary notions of human rights and gender equality as well as a fundamental tenet of the Islamic religion.
Dr. Syeda Ambreen, who claims that her husband and in-laws tortured her physically and mentally, has further asserted in her court filing that such practises are not only abhorrent to the fundamental dignity of a woman as a person but also a violation of the fundamental rights protected by Articles 14, 15, 21, and 25 of the Constitution and UN Conventions.
Several Islamic nations have banned this practise, yet it remains a problem for Indian culture in general and Muslim women like the petitioner in particular. The argument extends as, the practise also wrecks havoc on the lives of many mothers and their children, particularly those who come from the less affluent socioeconomic groups.
‘The Legislature has failed to safeguard the dignity and equality of women in general and Muslim women in particular when it comes to issues of marriage, divorce, and succession,’ the plea further argues. ‘Uniform Civil Code remains an elusive constitutional ideal, despite the observations of this Court over the past two decades, that the Courts have fairly abstained from enforcing through directions and the Legislature has dispassionately ignored save by way of lip service.
In her appeal to the Supreme Court, Dr. Syeda Ambreen argued for gender-neutral, religiously neutral, and consistent grounds for divorce as well as a standard divorce procedure for everyone.