Background of the Case: Shayara Bano v. Union of India, commonly referred to as the “Triple Talaq” case, is a landmark legal battle that challenged the practice of triple talaq (instant divorce) among Muslim men in India. The petitioner, Shayara Bano, petitioned the Supreme Court of India, seeking the declaration of the practice of triple talaq as unconstitutional and violative of fundamental rights.
Key Issues Raised:
Whether the practice of triple talaq, whereby a Muslim man can unilaterally and instantly divorce his wife by uttering the word “talaq” three times, violates the fundamental rights of Muslim women, particularly their rights to equality, dignity, and non-discrimination guaranteed under the Indian Constitution?
Whether the practice of triple talaq is protected under the right to freedom of religion under Article 25 of the Constitution or whether it infringes upon the principles of gender justice and equality?
Whether the Court should intervene to strike down the practice of triple talaq, considering its adverse impact on the lives and well-being of Muslim women?
Arguments from Both Sides:
Shayara Bano (Petitioner): She argued that the practice of triple talaq subjected Muslim women to arbitrary and unilateral divorce, depriving them of their rights to equality, dignity, and autonomy within marriage. She contended that the practice was discriminatory and violated fundamental rights guaranteed under the Constitution.
Union of India (Respondent): The government supported the petitioner’s plea to declare triple talaq unconstitutional, arguing that it was discriminatory and against the principles of gender justice and equality. The government contended that the practice had no basis in Islamic law and was not an essential religious practice protected under Article 25 of the Constitution.
Judgement: In August 2017, the Supreme Court of India delivered its judgement in Shayara Bano v. Union of India, by a majority of 3:2, declaring the practice of triple talaq as unconstitutional, illegal, and void. The Court held that the practice of triple talaq was arbitrary, discriminatory, and incompatible with the principles of gender equality and justice enshrined in the Indian Constitution.
The Court observed that triple talaq violated the dignity and autonomy of Muslim women, rendering them vulnerable to arbitrary divorce and destitution. It held that the practice was not an essential religious tenet of Islam and could not be protected under the right to freedom of religion.
Significance: Shayara Bano v. Union of India is a landmark judgement that struck down the practice of triple talaq, marking a significant victory for gender justice and women’s rights in India. The judgement reaffirmed the principles of equality, dignity, and non-discrimination enshrined in the Constitution and underscored the importance of protecting the rights and autonomy of Muslim women within marriage. It represents a decisive step towards gender justice and equality in personal laws and sets a precedent for challenging discriminatory practices that perpetuate gender inequality.
