SHAYARA BANO V. UNION OF INDIA

FACTS:

The highest court of the nation which is Supreme Court delivered an important ruling regarding the case of Triple Talaq of Shayara Bano versus Union of India in 2017. The matter involved the implementation of Muslim’s personal laws which is “talaaq-e-bibbat” a quick method of triple talaq practice that gave a power to Muslim man to lawfully separate from his partner by uttering the word “talaq” which means divorce by saying that three times in a single row beyond having the option for reconciling.

The applicant Shayara Bano was married with Rizwan Ahmad about a period of fifteen years. He abruptly announced a quick triple talaq separation with wife on October 2015. She challenged the procedures validity, stating the process is uncertain, violated with her basic rights that put women powerless without remedies and ability to challenge her divorce.

The matter additionally brought up various customs of Muslim personal laws which included Polygamy as well as Nikah Halala, that demand a divorced woman to get married to another man while carry the marriage until the completion before she is allowed to marry her previous husband. However, the primary issue was associated with the dispute whether the quick triple talaq remained constitutional.

ISSUE:

The legal issues under the dispute of the case Shayara Bano versus Union of India consisted of the following:

1. How is right away triple talaq was constitutional as well as this practice violates towards the basic liberties by the Constitution of India.
2. Does this triple talaq procedure is a fundamental component of Islam as well as thus protected under the constitutional article 25 which states freedom of religion.
3. Whether quick triple talaq violates against Muslim women fundamental rights of equality under Article 14 as well as life and personal liberty under Article 21.
4. Does this right away triple talaq seems unlawful due to its contents are unfair along with biassed.

RULE:

• Article 14- allows equal rights within the constitution and fairness before the law across the borders of India.
• Article 15- Limits inequality on the grounds social class, sexuality, race, ethnicity and where one was born.
• Article 21- stands for the protection of one’s personal life and freedom.
• Article 25- according to the rule of law, ethics, as well as health, the constitution ensures the liberty of religion alongside the ability to practice, perform, and promote faith.
• Article 13- specifies that every law at present within practice within the nation will become invalid and unconstitutional towards the point when any interfere with the regulations about the constitution of India.

APPLICATION:

1. Article 14 and 15- as according to the petitioner, right to equality under Article 14 for Muslim women had been violated through the usage of quick triple talaq method, a practice that discriminating females. This was stated as this custom caused inherent inequality as well as prejudice based on gender as Muslim men would instantly terminate their marriage with no offering an explanation as well as undergoing procedures whereas women did not have such privileges.
2. Article 21- the usage was challenged upon the argument that it had violated against Muslim women right to life as well as personal freedom. The person submitting the petition claimed the quick triple talaq drained women from their dignity and safety since it facilitated an instant divorce without little possibility of reconciliation that left them into terrible societal and financial circumstances.
3. Article 25- the complainants claimed therefore that an instant triple talaq had been protected under Article 25, that safeguards religious freedom and argued that this represented a basic practice of Islam. Some claimed that the judicial system lacks enough power to have an impact with issues relating to basic beliefs in religion.
4. Article 13- the person who filed the petition stated that any law which breaches the basic liberties safeguarded by the Constitution remains unconstitutional even including personal regulations. Some claimed right then triple talaq should have been declared prohibited as it violated against fundamental freedoms.

COURT’S ANALYSIS

1. Article 14 and 15- the panel of judges examined upon the possibility of discriminatory as well as arbitrary rapid triple talaq. Court reached an understanding the fact that the process, namely empowered a husband to abruptly as well as totally separate with his partner with no explanation nor to reconcile, had been within reality unreasonable. Legislation proved that such unreasonable conduct breached Article 14 which ensures every person gets treated fairly within the constitution as well as enjoys the same rights beneath law.
2. Article 21- the judge ruled said the usage of an instant triple talaq violated against Muslim women rights to life and personal liberty. This drained women from the sense of safety and dignity while leaving women exposed for a sudden, unjust divorce that possibly severe societal as well as financial consequences.
3. Article 25-the issue whether the quick triple talaq served as a spiritual was addressed with the judges. This was then determined at that point that quick triple talaq was not considered an essential aspect by Islam according to several sources of information, including the Quran as well as Hadith along with the opinions of various scholars of Islam. This determined therefore the practice had been rejected under theology of Islam whereas this was not authorised under the Quran. The matter was accordingly disqualified to receive safeguard under Article 25.
4. Article 13- the judge concluded the rapid triple talaq became unlawful according to Article 13 since it breached the basic liberties guaranteed under Article 14, 15 as well as 21. The court underlined that each of the laws personal and those of the state must comply with the rights that are fundamental while must adhere to the Constitution of the nation.

CONCLUSION:

With an overwhelming margin of 3:2, the Supreme Court declared the usage of quick triple talaq or Talaq- e-biddat ruled to be unconstitutional. Contrary to majority opinions Muslin women basic rights under Articles 14,15 and 21 within the Constitution had been violated through the act that also appeared to be arbitrary and discriminatory in nature. The judge reached its conclusion that rapid triple talaq was not safeguarded under the provisions of Article 25 as well as constituted neither an essential aspect under Islam.

The court’s decision was viewed to be an important triumph towards Muslim women in the country as well as equality for women. Following result, the Muslim Women (Protection of Rights on Marriage) Act of 2019 was enacted banning the usage of rapid triple talaq and providing Muslim women additional legal safeguards towards such unjust as well as unfair practice.