SHAYARA BANO V.

UNION OF INDIA [TRIPLE TALAQ CASE]

 INTRODUCTION:

The case of Shayara Bno VS Union of India has been in highlight for its landmark judgment. This
case is also famous by the name of “Triple Talaq Case” there are many other types of Talaq in
the Islamic Law but the triple Talaq (Talaq – e – biddit) was the hot topic or the most
controversial in the law and court. It was about the validity of the triple Talaq. The case was
challenged in Supreme Court.

 TYPES OF TALAQ IN THE MUSLIM LAW:

There are four types of Talaq under Muslim law which are:
1. Divorce by husband
2. Divorce by wife
3. Divorce by the mutual consent
4. Divorce by judicial process

These are the four types of divorce under the Muslim law and in this case the court discussed about or
focused on Divorce by the husband, which is “Talaq – I – Biddat”. “Talaq – I – biddat” is a form in which a
husband can give Talaq to his wife instantly by repeating the word “TALAQ” three times. He can give the
divorce without any legal proceedings and intervention of judicial system.

 PARTIES INVOLVED IN THE CASE:

1. Petitioner : Shayara Bano
2. Respondent : Union of India and others
 LAWYERS:
1. Petitioner : Anita Chadha, Salaman Khurshid
2. Respondent : Mukul Rastogi, Kapil Sibal, Manoj Goel

 FACTS OF THE CASE:

 Shayara Bano was a 35 – year’s old Muslim women who was from Uttarakhand and was
married to Rizwan Ahmed in 2002.
 In October 2015 when she was visiting her parents she got a letter from her husband
Rizwan Ahmed in which he has written the word “Talaq” on it thrice.
 Shayara Bano didn’t even have a chance for the settlement after the divorce and then
she appealed for justice in Supreme Court of India, against the three rituals that are
practiced by the Muslim society that are unconstitutional.
 She claimed that the rituals violate the Fundamental Rights of Indian Constitution which
includes:
a) Article 14 {Equality before law}
b) Article 15 {Prohibition of discrimination on the grounds of gender}
c) Article 21 {Right to life}
d) Article 25 {Freedom of religion}
 In this case, the court focused on the practice of triple Talaq and on the validity of this
form of Talaq and that how it is unconstitutional.
 On 16th February 2017, the court asked Shayara Bano, the Union of India and all India
Muslim Personal Law Board [[AIMPLB] and women to give a written application on the
issue of Talaq – e – biddat, polygamy, and nikha halala.

 ISSUES:
1. Whether the practice of Talaq – e – biddat (specifically – instantaneous triple Talaq) an essential
practice of Islam?
2. Whether the practice of triple Talaq violates any fundamental rights?
  ARGUMEMTS IN SUPPORT OF THE CASE:
 Those who are in the favor of penalizing triple Talaq argued that the law will act more in
forcefully by stopping the muslim man divorcing their wives using instant Talaq.
 It will help in removing or breaking the cultural acceptability of the ritual or practice.
 It will make sure that there is “gender equality” and “gender justice” for Muslim women and
that will also help in protecting the rights of Muslim women in Muslim laws.

 ARGUMENTS AGAINST THE CASE:

 A Muslim clerk was arrested in Uttar Pradesh for giving triple Talaq or instant Talaq just after the
bill was passed and it was the first case after the bill so it was said that it is easy to target Muslim
male population now through the bill.
 There were some women activists also who were against the judgment of Shayara Bano case
because according to them the judgment was not as per their desired and it will make the lives
of Muslim women more complicated.
 According to some activist this judgment will make it difficult for the women to file a case
against their husbands as it will put them behind the bars, as the bill passed instant Talaq was
made a punishable offence.

 VERDICT OF THE COURT:

There were five judges in the panel, out of whom three judges were in the support of making triple
Talaq a punishable offence and only two were against the bill. So, by the majority of 3:2 the final
judgment was in favor of Shayara Bano and therefore the triple Talaq was made a punishable offence.
ANALYSIS-

PERSONAL LAW:

There were different of opinions regarding the judgment of the case. And this gave a rise to debate on
how to look at a personal law in India which is secular country.

According to justice Khehar he does not regard it as of Muslim law but he sees it from a point of view
that is constitutional or not or it can be held valid under the same.

 CONCLUSION:

This was an analysis on the case of Shayara Bano VS Union of India and others, which is also known as
TRIPLE TALAQ case. This was used to analyze all the articles and sections used to make triple Talaq
unconstitutional. By the ratio of 3:2 instant Talaq was made unconstitutional and punishable offence. It
is one of the landmark judgments in India.

SHUBHANSHI INANI

RAMAIAH INSTITUE OF LEGAL STUDIES