About the Supreme Court of India
The Supreme Court of India is the highest judicial authority, responsible for upholding constitutional values and ensuring justice. In Shayara Bano v. Union of India, the Court delivered a historic judgment that declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional, marking a significant step in protecting Muslim women’s rights.
About the Case
The petitioner, Shayara Bano, challenged the practice of talaq-e-biddat, wherein a Muslim man could unilaterally divorce his wife by pronouncing “talaq” three times in succession, without any scope for reconciliation. She argued that this practice violated her fundamental rights under:
- Article 14 (Right to Equality)
- Article 15 (Prohibition of Discrimination)
- Article 21 (Right to Life and Personal Liberty)
- Article 25 (Freedom of Religion)
The case also examined whether the practice was an essential religious practice under Islam and whether the judiciary could intervene in religious personal laws.
Judgment Date & Citation
| Judgment Date | Case Citation |
|---|---|
| 22 August 2017 | (2017) 9 SCC 1 |
Key Issues & Court’s Findings
- Violation of Fundamental Rights: The Supreme Court ruled that talaq-e-biddat was manifestly arbitrary and violated Article 14. It provided Muslim men with unilateral power to end a marriage, denying women equal rights.
- Non-Essential Religious Practice: The Court held that triple talaq was not an essential religious practice under Islam and thus not protected under Article 25.
- Judicial Review of Personal Laws: The ruling affirmed that personal laws could be subject to constitutional scrutiny if they violate fundamental rights.
- Need for Legislative Action: The Court directed the Parliament to enact a law to regulate divorce in Muslim personal law, leading to the enactment of The Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized instant triple talaq.
Impact & Significance
- Strengthened gender justice by granting Muslim women protection from arbitrary divorce.
- Reinforced the principle that religious practices cannot override constitutional rights.
- Paved the way for The Muslim Women (Protection of Rights on Marriage) Act, 2019, which made instant triple talaq a punishable offense.
- Marked a shift towards uniformity in matrimonial laws, ensuring fairness in divorce proceedings across communities.
Additional Details
The judgment was delivered by a five-judge Constitution Bench, with a 3:2 majority striking down talaq-e-biddat. The majority opinion was delivered by Justices Rohinton Nariman, U.U. Lalit, and Kurian Joseph, while Chief Justice J.S. Khehar and Justice Abdul Nazeer dissented, arguing for legislative intervention instead of outright judicial invalidation.
Links & References
- Full Judgment Text: Official Supreme Court Website
- Analysis & Case Commentary: Legal Resources
- Related Judgments: Danial Latifi v. Union of India (2001), Mohd. Ahmed Khan v. Shah Bano Begum (1985)
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