Shayara Bano v. Union of India (2017) – Triple Talaq Declared Unconstitutional | Right to Dignity Under Article 21 Explained
Introduction The judgment in Shayara Bano v. Union of India (2017) is a monumental step toward gender justice in India. It marked a bold assertion by the Indian judiciary that personal laws rooted in religion must conform to constitutional mandates , especially those enshrined in Article 21 – Right to Life and Personal Liberty . By declaring the practice of Triple Talaq (also known as Talaq-e-Biddat ) unconstitutional, the Supreme Court of India elevated the status of dignity, equality, and justice as non-negotiable constitutional values. This case challenged a patriarchal practice and redefined the interplay between religious freedom and fundamental rights in a secular democracy. Background of the Case Shayara Bano, a resident of Uttarakhand, was given Triple Talaq by her husband in 2016. Without any prior notice or justification, her marriage was terminated unilaterally through a single written communication, where the word "Talaq" was repeated three times. Left wit...