Shayara Bano vs Union of India (2017)
Relevant Court:Supreme Court of India
Facts:Shayara Bano was divorced by her husband using the practice of "Talaq-e-Bid'at" (instant triple talaq), where he pronounced talaq three times in one sitting, making their marriage null and void without her consent. Shayara challenged the practice in the Supreme Court, asserting that it was unconstitutional and violated her fundamental rights to equality, dignity, and personal liberty. She argued that the practice of triple talaq was arbitrary, unilateral, and lacked fairness or judicial oversight, leaving Muslim women vulnerable to being divorced without due process. The case became a landmark case as several women, who had been similarly affected by the practice, came forward to support the petition. The larger issue of the practice of instant triple talaq being discriminatory towards women was also examined in the context of whether it violated the constitutional right to equality.
Citation:(2017) 9 SCC 1
Issues:
● Whether the practice of "Triple Talaq" (Talaq-e-Bid'at) is unconstitutional.
● Whether this practice violates the fundamental rights of Muslim women, particularly their right to equality, dignity, and personal liberty.
● Whether reforms are necessary in Muslim personal law to prevent arbitrary divorce and protect the rights of women.
Relevant Articles:
Article 14 – Right to equality before the law.
Article 15 – Prohibition of discrimination based on sex, religion, etc.
Article 21 – Right to life and personal liberty.
Judgment: The Supreme Court declared the practice of Triple Talaq unconstitutional by a majority of 3:2. The Court held that the practice was arbitrary and violated the fundamental rights of women, specifically their rights to equality and dignity under Articles 14 and 21 of the Constitution. The Court also noted that Triple Talaq was not an essential practice in Islam and could not be justified on religious grounds. The judgment led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which made the practice of Triple Talaq a criminal offense. The ruling was hailed as a historic step towards gender justice in India.
-Harinya
Saveetha School of Law
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