Shayara Bano case Summary
ABSTRACT
In this case, Shayara Bano, a Muslim girl, was given triple talaq ,''talaq e biddat', the most unconventional form of divorce, by her husband, Rizwan Ahmed. She had filed a writ petition challenging the constitutional validity of triple talaq, polygamy and nikah halala pointing out that it infringes the fundamental rights of (Articles 14, 15, 21, 25). This article analyses the case.In a decision of 3-2, the Supreme Court concluded that the practice of triple talaq contravenes the basic rights enshrined under the Indian Constitution, including the right to equality and the freedom of religion.
FACTS
The marriage between Shayara Bano and Rizwan Ahmed took place on 11th April 2001. Shayara Bano, a Muslim girl, was given triple talaq,''talaq e biddat', the most unconventional form of divorce, by her husband, Rizwan Ahmed On 10th October 2015. She had filed a writ petition challenging the constitutional validity of triple talaq, polygamy and nikah halala pointing out that it infringes the fundamental rights of (Articles 14, 15, 21, 25).
She was supported by BEBAK collective and Bhartiya Muslim Mahila Andolan. All India Muslim Personal law condemned. According to them, divorce is a religious practice and is not codified.
ISSUES INVOLVED
• Whether talaq e biddat is unconstitutional and violates the fundamental rights of women or not?
• Whether talaq e biddat is an essential practice under Muslim law or not?
JUDGEMENT
The Supreme Court announced the final judgement on 22nd August 2017 with a 3:2 majority. The practice of triple talaq was declared unconstitutional.
As per the majority it was held that the Triple Talaq is not protected by the exception laid down in Article 25 of the Constitution and the court found the said practice not an essential element of Islamic religion.
They stated that this practice was arbitrary and was against the basic practices of Shariat and basic tenets of Quran and thus it cannot be protected under the fundamental right.
CRITICAL ANALYSIS
The judgement given by the Supreme Court serves as a landmark decision. For how long will the women of our country be oppressed in the name of ''personal laws'.Tripple Talaq or Talaq e biddat is one of the most brutal forms of divorce. Even in Muslim law, this was an unconventional method and was frowned upon. Fortunately, this is no longer in practice in India. In India, The constitution should always be above any personal law. This is where the Uniform Civil Code comes into play. If one law for all religions would have been enacted, these kind of cases also would not have occurred
The importance of the Uniform Civil Code was also emphasized. Nevertheless, this decision helps us restore our faith in the judiciary.
-Shivanii Singh
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