Case Comment On Shayara Bano V. Union Of India

Shrishti Chauhan, Christ (deemed to be) University

ABSTRACT

Triple Talaq, also known as talaq-e-biddat is a form of Islamic dissolution of marriage or a form of divorce practiced in India exclusively by Muslim men, wherein the man pronounces the word ‘talaq’ for three times. This practice, although mentioned in the Section 2 of the Shariat Act, 1937, which clearly states the different forms of dissolution of marriage pertaining to the Muslim Personal law1 but the Holy Quran says that there are three types of talaq: talaq-e-biddat, talaq-e-hassan and talaq-e-ahsan, in which only the latter two are considered to be relevant2. It has not been sanctioned in the holy book of Islam. This is considered to be a custom followed by the Sunnis, which constitute a major portion of the Indian Muslim population. This practice has been followed in India since the inception of the Muslim Personal law in 1937 and has been continuing till today. This issue has been politicized and brought into light recently due to the increase in number of such divorce cases which caused the infringement of rights of women of this country. It turned out to be a huge controversy and gained national importance.

One of the victims, Shayara Bano, was the first women who knocked the doors of the Supreme Court, filing a Public Interest Litigation in 2016. The case was decided on 22nd August, 2017 where this practice of triple talaq was declared unconstitutional and void3. This judgement has led to the celebration of victory of women’s rights in this country bolstering their claim towards equality.

This research has been given shape by deep analysis of various articles and relevant laws mentioned in the Constitution of India. This research aims to have a detailed study on the journey of the whole triple talaq case and its consequences.