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Shayara Bano v. Union of India- Case Analysis | 5th Voice News
News By/Courtesy: POOJA KATEEL | 27 Apr 2020 0:53am IST

HIGHLIGHTS

  • Concept of Triple Talaq
  • Facts and Issue of the case
  • The judgement of the case and its impact on the country

 

Triple Talaq, which is also known as Talaq-e-biddat in Islan, is instant divorce. This allowed a Muslim man to instantly divorce his wife by uttering the word Talaq, three times in any form, and this was considered to be legal. This became a subject of high controversy and debate in the country. There is a ban on this practice in India after the case of Shayara Bano v. Union of India

Facts: Shayara Bao was married to her husband for 15 years, and later, he dive=orced her in 2016 through the method of triple talaq. She went to the Supreme Court seeking justice, stating that this concept in unconstitutional. She alleged that it violates several fundamental rights such as Article 14, 15(1), 21, and also Article 25. Her petition also highlighted how these traditional practices of Islamic men hinder the women's rights of Muslim Women as well. Various NGOs and even the Union Government of India was supporting the cause of this petition.

Issue: the issues, in this case, were whether the practice of Triple Talaq is valid and whether it is an essential religious practice for the Muslims.

Judgment: The court had a divided opinion of 3:2, where the majority held that the practice of Triple Talaq is unconstitutional and violates the Fundamental Rights of Muslim Women. The majority found that the practice of Triple Talaq is not essential to religion. Therefore, as per the majority, it was held that triple talaq was not to be protected under Article 25 of the Indian Constitution as it is not an essential element of the religion. In fact, the Hanafi school of Muslims considers this as a sinful practice.

The court held that the meaning od essential religious practices are those based on which the religion finds its base. Only such practices can be protected under Article 25 of the Constitution. This judgment, which held the practice to be unconstitutional, has been widely appreciated throughout the country. This was indeed a success because there were many failures in history in the same matter. This judgment proved that the Constitution is the supreme law of the land and that the law will not bend down against any philosophy or religion.

Now, Muslim men cannot abandon their wives by ending the marital relationship according to their whims and fancies. The court ensured that Muslim women enjoy the same position in society as women from other religions and also made sure that there will be no discrimination against women.

Section Editor: Pushpit Singh | 27 Apr 2020 12:27pm IST


Tags : #indianconstitution #tripletalaqbanned

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