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august 2017

Supreme Court of India · 2017-08-22

Shayara Bano vs Union Of India And Ors. Ministry Of Women ...

Citation / case number
AIR 2017 SUPREME COURT 4609
Court
Supreme Court of India
Petitioner
Shayara Bano
Respondent
Union Of India And Ors. Ministry Of Women ...
Author
Jagdish Singh Khehar
Bench
S. Abdul Nazeer, Uday Umesh Lalit, Rohinton Fali Nariman, Kurian Joseph, Jagdish Singh Khehar

Judgment text excerpt

The Supreme Court addressed the constitutionality of 'talaq-e-biddat', a form of instant divorce in Muslim personal law, under Article 14 and Article 21 of the Constitution. The Court held that 'talaq-e-biddat' is arbitrary and violates the fundamental rights to equality and non-discrimination, thus declaring it unconstitutional. The judgment emphasized the need for reform in personal laws to align with constitutional morality and gender justice, leading to the abrogation of this practice.

Shayara Bano vs Union Of India And Ors. Ministry Of Women ... · Niyam