Shayara Bano V Union Of India: Analyzing The Judgement And Its Impact On The Lives Of Muslim Women's
- IJLLR Journal
- Jul 15, 2022
- 1 min read
Shayara Bano V Union Of India: Analyzing The Judgement And Its Impact On The Lives Of Muslim Women's Rights
Madhumitha. K, O.P Jindal Global Law School
INTRODUCTION:
India has been a patriarchal society since time immemorial. The biological difference between men and women have been portrayed in such a way that depicts women as the weaker sex and there have been many circumstances where women are oppressed and the oppression of women in a marriage is not an uncommon issue in our country.1 Woman have not received just and equal treatment in any society or culture.1 When we focus on Muslim women, the practice of triple-talaq was an issue that was witnessing heated debates all across the country and was considered as a setback to gender equality and justice to women.
Triple Talaq is a 1400-year-old practise among Sunni Muslims. According to Muslim Law, a husband can give divorce to his wife by giving Triple Talaq.3 It is when the husband says Talaq thrice in a row and the presence of the wife is not mandatory but should be communicated to her.3 Husbands had the liberty to divorce their wives for simple reasons out of anger or they were just bored of the relationship.4 This practice degraded women and raised issues of gender equality and secularism under our constitution.4 Therefore, the Indian Supreme Court passed a law making Triple Talaq unconstitutional and making it illegal as an outcome of the court case filed in 2016 by Shayara Bano.
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