Shayara Bano vs Union of India 2017 is a landmark decision that determined Triple Talaq to be unconstitutional. This case resulted in the prohibition of the Muslim practise of Triple Talaq. It is a divorce procedure under "Sharia Law" in which a Muslim man can instantaneously divorce his wife by uttering the word "TALAQ" three times without the assistance of the state. As a result, the case became known as the 'Triple Talaq Case.' In this article we will discuss more about the case of Shayara Bano vs Union of India 2017.

Shayara Bano vs Union of India – Background

• Shayara Bano, a 35-year-old woman from Uttarakhand, emerged as the defining persona in the legal battle against the patriarchal custom, which was recently declared unconstitutional by the Supreme Court despite its rarity.
• After 15 years of marriage, Rizwan Ahmed divorced his wife Shayara Bano in 2016 via instant triple talaq.
• She filed a Writ Petition in the Supreme Court, asking to declare three Muslim practises unconstitutional: talaq-e-biddat, polygamy, and nikah-halala.
• She claimed that these actions were in violation of Articles 14, 15, 21, and 25 of the Constitution.
• Herclaim that these practises are unconstitutional was supported by the Union of India and women's rights organisations such as Bebaak Collective and Bhartiya Muslim Mahila Andolan (BMMA).
• Following the acceptance of Shayara Bano's petition, the Supreme Court convened a five-judge constitutional bench.

Shayara Bano vs Union of India - Judgement

• The Supreme Court's five-judge panel ruled in favour of Shayara Bano and others.
• On August 22, 2017, a legal ban was announced by the five-judge bench on the Triple Talaq by 3:2majority.
• The Court has declared that triple talaq in any form is illegal.
• The Court stated in its decision that many other Muslim countries around the world have already prohibited this practise because it is not sanctioned by the Muslim holy book and was neither encouraged nor followed by the Prophet.
• The Court ruled that the practice violated fundamental rights guaranteed by Part III of the Constitution.
• In particular, triple talaq was declared unconstitutional by the Supreme Court in its judgement dated 17 August 2017, with the husband facing up to three years in prison.
• According to the majority, the Triple Talaq or Talaq-e-biddat is not protected by the exception in Article 25, i.e. the court determined that the practice is not an essential component of Islamic religion.
• The court justified its position by stating that, while it is practised by the Hanafi School, it is considered sinful in it.

Significance of the Judgement

• According to the court, triple talaq is a method through which marital relationships can be destroyed on the whims of the husband while the woman is powerless to intervene, and thus violates Article 14.
• The Court stated that "a practice triple talaq is considered evil in theology cannot be virtuous in the eyes of law and protected by legislation."
• Personal laws are the laws that regulate any religion or community's personal affairs. Marriage, family problems, adoption, guardianship, and so on are examples of constitutional law.
• This case has altered how we see and understand personal laws, as well as the constitutional rules of the country.
• Following the Court's decision in 2017, the Parliament of India decided to make triple talaq a punishable offence and passed the Muslim Women (Protection of Rights on Marriage) Act, 2019 to curtail the practise and reduce the number of cases of triple talaq in the country.
• The penalty consists of three years in jail and a fine. The wife is also entitled to receive the amount or allowance specified in Section 5 of the Act from her husband for herself and her children.

Conclusion

The Triple Talaq judgement is widely regarded throughout the jurisdictions as a safeguard against social evils such as those promoted by this practice. No husband can now abandon his wife by breaking the marital ties based on his whims and fancies. The court ensured that the concepts of equality, particularly gender equality, are more than just theoretical ideologies.

FAQs 

Q1: What was the issue in the Shayara Bano case?

Q2: What did the Supreme Court rule in the Shayara Bano case?

Q3: Which rights were cited in the judgment?

Q4: What did the Court suggest after its verdict?

Q5: How did this judgment impact Muslim women?

MCQs

1. What was the main issue in the Shayara Bano case?

a) Unilateral divorce under Hindu law

b) Triple Talaq practice under Muslim law

c) Dowry system

d) Child marriage

2. Which articles of the Constitution were cited in the judgment?

a) Article 19 and Article 21

b) Article 14 and Article 21

c) Article 32 and Article 51

d) Article 30 and Article 45

3. What was the Court’s stance on Triple Talaq?

a) It is constitutional

b) It is unconstitutional

c) It is a matter for Parliament to decide

d) It is legal under personal law

4. What did the Court direct after declaring Triple Talaq invalid?

a) To dissolve all marriages affected by Triple Talaq

b) To make a law to protect women from Triple Talaq

c) To revise the Muslim personal law

d) To issue guidelines for Muslim families

5. Who was the petitioner in the case?

a) A Muslim woman activist

b) Shayara Bano

c) A group of women lawyers

d) A human rights organization

GS Mains Questions and Model Answers

Q1: Examine the significance of the Shayara Bano case in the context of gender justice in India.

Answer: The Shayara Bano case marked a critical moment in the fight for gender justice in India. By declaring Triple Talaq unconstitutional, the Supreme Court reinforced the constitutional principles of equality and personal liberty, ensuring that Muslim women could not be subjected to arbitrary and instant divorce. This ruling acknowledged the need for reforms in personal laws to align them with the fundamental rights guaranteed by the Constitution, providing Muslim women with equal protection and dignity under the law.

Q2: Discuss the role of the judiciary in upholding women’s rights, with reference to the Shayara Bano case.

Answer: The judiciary played a crucial role in upholding the rights of women in the Shayara Bano case by reviewing the legality of Triple Talaq, a practice that had been harming the rights of Muslim women. The judgment highlighted the responsibility of the Court in interpreting the Constitution to protect citizens' fundamental rights, especially when traditional practices conflict with constitutional guarantees. The ruling was a step towards legal empowerment, ensuring that women’s rights to equality, dignity, and justice are not compromised by regressive social practices.

Q3: How did the Shayara Bano case address the issue of legal pluralism in India?

Answer: The Shayara Bano case addressed the challenges posed by legal pluralism in India, where multiple personal laws exist for different communities. The case emphasized that while communities are free to follow their personal laws, such laws must not infringe on constitutional rights. The Court's verdict highlighted the need for reform within personal laws to protect the fundamental rights of women, ensuring that practices like Triple Talaq, which are discriminatory, do not violate the Constitution's guarantees of equality and liberty.

Previous Year Questions on  Shayara Bano Case

1. UPSC Civil Services Prelims 2018

Question: Consider the following statements regarding Triple Talaq:

1. The practice of Triple Talaq is recognized as legal under Muslim personal law.

2. The Supreme Court declared Triple Talaq unconstitutional in 2017.

3. The practice has been banned by an act of Parliament.

Which of the above statements is/are correct?

Answer: Statement 2 is correct. In 2017, the Supreme Court declared Triple Talaq unconstitutional. Statement 1 is incorrect, as the practice was declared unconstitutional. Statement 3 is correct as Parliament passed the Muslim Women (Protection of Rights on Marriage) Act in 2019 to outlaw the practice.

2. UPSC Civil Services Mains 2018

Question: Discuss the role of the judiciary in the evolution of personal laws in India, with specific reference to the Shayara Bano case.

Answer: The Shayara Bano case was a landmark judgment where the Supreme Court of India declared the practice of Triple Talaq unconstitutional, marking a significant judicial intervention in personal law. The Court emphasized the need for personal laws to align with constitutional principles, particularly the rights to equality and personal liberty under Articles 14 and 21. This judgment reflected the judiciary's role in interpreting laws that ensure fundamental rights and gender justice, even in matters related to personal law. The Court's verdict led to the passing of a law by Parliament to protect Muslim women from arbitrary divorce, showing the judiciary’s proactive role in shaping social reform in personal laws.