Shayara Bano vs. Union of India (2017): A Landmark Judgment on Triple Talaq
The Shayara Bano vs. Union of India case, decided by the Supreme Court of India in 2017, is a pivotal judgment that declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional. This decision marked a significant step toward ensuring gender justice and equality for Muslim women in India.
Background of the Case
Shayara Bano, married to Rizwan Ahmed for 15 years, was unilaterally divorced by her husband in 2015 through the practice of instant triple talaq, wherein a Muslim man could divorce his wife by pronouncing ‘talaq’ three times in quick succession. This form of divorce was irrevocable and did not require the wife’s consent. Following her divorce, Shayara Bano filed a writ petition in the Supreme Court challenging the constitutional validity of triple talaq, polygamy, and nikah halala, arguing that these practices violated fundamental rights enshrined in the Constitution.
Key Legal Issues
- Constitutional Validity of Triple Talaq: Does the practice of instant triple talaq violate fundamental rights guaranteed under the Constitution, particularly Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty)?
- Essential Religious Practice: Is triple talaq an essential practice of Islam protected under Article 25 (Freedom of Religion) of the Constitution?
Arguments by the Petitioner
- Violation of Fundamental Rights: Shayara Bano contended that triple talaq is arbitrary and infringes upon the rights to equality and dignity of Muslim women, as it allows men to unilaterally end a marriage without any valid reason or procedural safeguards.
- Non-Essential Practice: She argued that instant triple talaq is not an essential religious practice in Islam and has been abolished in several Islamic countries, indicating that its discontinuation would not interfere with the core tenets of the religion.
Arguments by the Respondents
- Protection under Personal Law: The All India Muslim Personal Law Board (AIMPLB) and other respondents asserted that triple talaq is a part of Muslim personal law, which is protected under the Constitution, and that the courts should not interfere in religious matters.
- Essential Religious Practice: They maintained that triple talaq is an integral part of Islamic faith and has been practiced for centuries, thus warranting protection under Article 25.
Supreme Court Judgment
On August 22, 2017, a five-judge Constitution Bench delivered a split verdict (3:2) declaring the practice of instant triple talaq unconstitutional. The bench comprised Chief Justice J.S. Khehar and Justices Kurian Joseph, R.F. Nariman, U.U. Lalit, and S. Abdul Nazeer.
- Majority Opinion: Justices Nariman, Lalit, and Joseph held that triple talaq is not protected by Article 25 as it is not an essential religious practice. They deemed it manifestly arbitrary, violating Article 14, and struck it down as unconstitutional.
- Minority Opinion: Chief Justice Khehar and Justice Nazeer opined that while triple talaq is an integral part of Sunni Islamic practice, it should be suspended for six months to allow the legislature to enact a law addressing the issue.
Impact of the Judgment
- Legal Prohibition of Triple Talaq: The judgment invalidated the practice of instant triple talaq, preventing Muslim men from unilaterally divorcing their wives instantaneously.
- Legislative Action: Following the verdict, the Indian government enacted the Muslim Women (Protection of Rights on Marriage) Act in 2019, criminalizing the practice of instant triple talaq and prescribing penalties for violations.
- Advancement of Gender Justice: The decision was hailed as a significant advancement for the rights of Muslim women, promoting equality and safeguarding them from arbitrary divorce practices.
Conclusion
The Shayara Bano vs. Union of India case stands as a landmark judgment in the pursuit of gender justice and equality in India. By declaring the practice of instant triple talaq unconstitutional, the Supreme Court reinforced the fundamental rights of Muslim women, ensuring their protection from discriminatory practices and setting a precedent for future reforms in personal laws.
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