Supreme Court of India · 2017-08-22
SHAYARA BANO vs UNION OF INDIA AND ORS. MINISTRY OF WOMEN AND CHILD DEVELOPMENT SECRETARY
- Citation / case number
- SC 2016/6716
- Court
- Supreme Court of India
- Petitioner
- SHAYARA BANO
- Respondent
- UNION OF INDIA AND ORS. MINISTRY OF WOMEN AND CHILD DEVELOPMENT SECRETARY
- Author
- HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
- Bench
- HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR, HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE S. ABDUL NAZEER
Judgment text excerpt
The Supreme Court ruled that the practice of 'talaq-e-biddat' is unconstitutional as it violates Articles 14, 15, and 21 of the Constitution, which guarantee equality, non-discrimination, and the right to life and personal liberty. The Court held that 'talaq-e-biddat', pronounced unilaterally by the husband, is not a part of Muslim personal law as per the Muslim Personal Law (Shariat) Application Act, 1937, and thus cannot be protected under the rights granted to religious denominations. The judgment effectively abrogates the practice of instant triple talaq, declaring it void ab initio.