Case Summary: Shayara Bano v. Union of India (2017) 9 SCC 1

Court: Supreme Court of India.

Bench: J.S. Khehar (CJI), Kurian Joseph, R.F. Nariman, U.U. Lalit, and Abdul Nazeer, JJ.

Date of Judgement: August 22, 2017.

Relevant Statutes/Key Provisions: 

• Article 14 (Right to Equality)
• Article 15 (Prohibition of Discrimination)
• Article 21 (Right to Life and Personal Liberty)
• Article 25 (Freedom of Religion)
• Muslim Personal Law (Shariat) Application Act, 1937.

Brief Facts: 

Ms. Shayara Bano and her husband, Mr. Rizwan Ahmed, got married in April 2002 in Uttar Pradesh. Ms. Bano claimed that her husband ‘compelled’ her family to give dowry for the marriage. She stated that her husband and his family drugged, abused, and eventually abandoned her while she was sick when her family could not provide additional dowry.

In October 2015 Mr. Ahmed divorced Ms. Bano through the practice of Talaq-e-Biddat, also known as instantaneous triple talaq. Talaq-e-Biddat is a religious practice that allows a man to divorce his wife instantly by saying the word ‘talaq’ thrice. The practice does not require the wife’s consent.

Ms. Bano filed a writ petition at the Supreme Court in February 2016 challenging the constitutionality of talaq-e-Biddat, she argued that the practice was arbitrary, violated her fundamental rights, and lacked any Quranic sanction. The case raised broader questions about gender justice, religious freedom, and the role of personal laws in a constitutional democracy.

Issues Involved:

1. Whether the practice of instant triple talaq is protected under Article 25 as an essential religious practice.
2. Whether it violates fundamental rights under Articles 14, 15, and Article 21
3. Whether personal laws can be tested against the touchstone of constitutional morality and fundamental rights.

Arguments:

Petitioner’s Arguments:

• Petitioner argued that triple talaq is arbitrary and violates the dignity and equality of Muslim women.
• It is not an essential religious practice and lacks Quranic legitimacy.
• Personal laws must conform to constitutional values.

Respondent’s Arguments:

Including Muslim Personal Board

•  Respondent argued that triple talaq is part of Muslim personal law and protected under Article 25.
• Courts should not interfere with religious practices.
• Reform should come through legislative means, not judicial intervention.

Judgment:

The Constitutional Bench delivered its judgement on August 22 2017 in this judgement supreme court declared the practice of Triple talaq unconstitutional by 3:2 majority, also helding that it violates fundamental rights. It is not an essential religious practice and is manifestly arbitrary. The minority view (CJI Khehar and Justice Nazeer) suggested a six-month stay on the practice to allow Parliament to legislate.

Ratio Decidendi:

Triple talaq is not an essential religious practice under Islam and is arbitrary in nature, thus violating Article 14. Personal laws are subject to constitutional scrutiny.

Obiter Dicta:

In the above case Justice Kurian Joseph emphasized that triple talaq is against the tenets of the Quran and hence not protected under Article 25. Justice Nariman highlighted the need to reconcile personal laws with constitutional values.

Final Decision:

The practice of instant triple talaq was declared unconstitutional and void. Parliament later enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, criminalizing the practice of triple talaq.

Impact:

After the declaration of Triple Talaq as illegal by Supreme Court, In Dec 2017 Lok Sabha passes a Muslim (protection of Rights on Marriage) Bill 2017.But further this Bill collapse in Rajya Sabha. In sep2018 cabinet clears ordinance and in July 2019 Bill passes in Lok Sabha and Rajya Sabha Receiving Assets of President.

Main Elements of the Act:

Offence and Penalty

• The Act declares triple Talaq, weather in written or in electronic form to be void (in Law) and illegal.
• The Act makes Triple talaq a cognizable offence with imprisonment upto 3 years plus fine

Who can file a complaint

Only the wife (married women) against whom Talaq has been declared, or any person related to her by blood or marriage can file the case on her behalf.

Bail

• Bail may be granted by the Magistrate BUT only after hearing women and then, if the Magistrate thinks that there are reasonable grounds for granting bail.
• Offence can be compounded by the Magistrate on the request of the women.

Allowance and Custody

• The women are entitled to seek subsistence allowance for herself and her dependent children.
• Also, the women are entitled to seek custody of her minor children.