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Shayara Bano v. Union of India (2017) – Triple Talaq Case

In 2016, Shayara Bano, a Muslim woman, approached the Supreme Court after her husband divorced her through instant triple talaq (talaq-e-biddat)—saying “talaq” three times in a letter.

She challenged this practice, arguing that it was:

  • Arbitrary, one-sided, and violated women’s fundamental rights under:

    • Article 14 (Right to Equality)

    • Article 15 (No discrimination based on gender)

    • Article 21 (Right to life and dignity)

The case also questioned whether triple talaq is an essential religious practice protected under Article 25 (Freedom of Religion).

Supreme Court Verdict – August 2017

A 5-judge Constitution Bench delivered a split verdict (3:2):

Majority Opinion (Justices Nariman, Lalit, Kurian Joseph):

  • Triple talaq is unconstitutional – it violates Article 14 (equality).

  • It is not an essential part of Islam, as many Muslim countries have banned the practice.

  • Struck it down with immediate effect.

Minority Opinion (CJI Khehar & Justice Nazeer):

  • Viewed triple talaq as part of personal law that should not be interfered with by the judiciary.

  • Suggested a 6-month hold for Parliament to pass a law on it.

Key Findings of the Court

  1. Triple Talaq is arbitrary and discriminatory – it gives men unchecked power to unilaterally end a marriage.

  2. Not protected under Article 25 – because it lacks Quranic authority and violates women's dignity.

  3. Women deserve equal treatment and legal safeguards in marriage and divorce.

What Happened After the Judgment?

Parliament passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, which:

  • Criminalized instant triple talaq – punishable by 3 years in jail + fine.

  • Made such divorces legally invalid.

  • Ensured maintenance and custody rights for Muslim women affected by this practice.

Significance of the Triple Talaq Verdict

  1. Landmark for Muslim women’s rights in India

  2. First time a personal law was struck down for violating constitutional rights

  3. Reinforced gender equality, secularism, and judicial oversight of religious practices

  4. Sparked national debate on uniform civil code, religious reform, and constitutional morality

Case Citation

Shayara Bano v. Union of India, (2017) 9 SCC 1


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