Shayara Bano Case (2017)
– Triple Talaq and Constitutional Equality
Background of the Case
Shayara Bano, a Muslim woman, was divorced by her husband through talaq-e-biddat (instant triple talaq).
She challenged the practice on the grounds that it:
- Violated equality and dignity
- Was arbitrary and unilateral
- Denied women any procedural safeguard
The case brought into focus the tension between →Personal laws and Fundamental Rights
Core Constitutional Questions
- Can personal law practices be tested on the touchstone of Fundamental Rights?
- Is triple talaq arbitrary and discriminatory?
- Does religious freedom protect such a practice?
Supreme Court’s Judgement
A five-judge Constitution Bench delivered a historic verdict.
(a) Triple Talaq Declared Unconstitutional
The Court held that:
- Talaq-e-biddat allows a Muslim man to:
- Dissolve marriage instantly
- Without reason
- Without reconciliation
Such a practice was held to be:
- Manifestly arbitrary
- Capricious and whimsical
Therefore, it violates Article 14 (equality before law).
(b) Shariat Act, 1937 Partially Struck Down
The Court declared:
- Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 void to the extent that it recognises and enforces triple talaq
Thus, Personal law cannot be a shield for arbitrariness.
(c) Theology and Law Harmonised
The Court observed that:
- Triple talaq is not sanctioned by the Holy Quran
- A practice that is bad in theology → Cannot be considered valid in law
This reasoning bridged:
- Religious interpretation
- Constitutional scrutiny
(d) Legislative Direction and Injunction
The Court:
- Directed the Central Government to enact a law within six months
- Issued an injunction restraining the practice of triple talaq in the interim
Constitutional Significance
This judgment:
- Applied Article 14 to personal law practices
- Introduced the doctrine of manifest arbitrariness
- Strengthened constitutional morality
- Advanced gender justice
Impact of the Judgement
In response, Parliament enacted:
- Muslim Women (Protection of Rights on Marriage) Act, 2019
Key features:
- Declares triple talaq void and illegal
- Provides legal protection to married Muslim women
- Penal provisions against pronouncement of talaq
Place in Rights Jurisprudence
| Case | Contribution |
|---|---|
| Shah Bano (1985) | Maintenance rights |
| Shayara Bano (2017) | Equality in divorce |
| Joseph Shine (2018) | Gender equality |
Summary
The Shayara Bano Case (2017) declared triple talaq unconstitutional as manifestly arbitrary and violative of Article 14, subjected personal law to constitutional scrutiny, and led to the enactment of the Triple Talaq Act, 2019.