Shayara Bano v. Union of India (Triple Talaq Case)
Shayara Bano v. Union of India (Triple Talaq Case) (2017) held that Instant triple talaq (talaq-e-biddat) is unconstitutional, being violative of Article 14
Citation: (2017) 9 SCC 1
Case at a Glance
Summary
Shayara Bano challenged the practice of instant triple talaq (talaq-e-biddat), where a Muslim husband could divorce his wife by pronouncing 'talaq' three times in one sitting. She argued this practice violated fundamental rights guaranteed to Muslim women. The Constitution Bench, by a 3:2 majority, declared instant triple talaq unconstitutional and void. The majority held that the practice is not integral to Islam and is violative of Article 14. The minority held it was protected under Article 25 but struck it down as it violated Article 14. This historic judgment empowered Muslim women and led to Parliament enacting the Muslim Women (Protection of Rights on Marriage) Act, 2019, criminalizing instant triple talaq.