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.