Triple Talaq: Personal Laws And Social Amendments

Shubhra Sharma, Jindal Global Law School

INTRODUCTION

The practice of Tipple Talaq was not only wrong on a humanitarian basis but the judgment pronounced by the Supreme Court in the case of Shayara Bano vs Union of India case also described it as unconstitutional1. It was against the fundamental rights of women. In the name of religious customs and old practices, Muslim women have been abused and exploited mentally, physically, and financially. However, with Shayara Bano and the Supreme Court’s suo moto PIL, the criminalisation of this law was like finally hitting the nail right on its head. Such biased laws do not stand the test of justice. Hence it is essential to ensure that such old practices and customs that are tryst with tyranny, that do not evolve with the societal norms, are discontinued. This essay attempts to answer why personal laws that derive their power from religion, must always be kept under the lens of judicial scrutiny and made to conform with changing societal norms, by critically analysing the judicial pronouncement of Triple Talaq in the Shayara Bano vs. Union of India Case.