Brief Analysis of the case Shayara Bano V. Union of India

Introduction to the case :-

In Islam the marriage is considered as a contract between the husband and wife , According to this contract may be dissolved at any time .
In Muslim, there are three mode of talaq talaq e Ahsan , talaq e Hasan talaq e biddat . This case is popularly known as the triple talaq case in which the practice of triple talaq was challenged.

Talaq e biddat( instance talaq) in which a Muslim husband can give divorce his wife by speaking talaq talaq talaq three times and is most practice by Muslim husband. There is no mention of talaq e biddat in the Quran. It is the non statutory form of divorce among Muslim. It is a sinful form of divorce , it is an irregular mode of talaq introduced to escape the strictness of the law .

Citations: Shayara Bano Vs Union of India and Ors.

Date of Judgement: 22/08/2017

Equivalent citations: (2017) 9 SCC 1

Case No: W.P.(C) No.-000118-000118 / 2016

Case Type: Writ Petition

Petitioner :- Shayara Bano

Respondent: Union Of India And Ors. and Ministry Of Women And Child Development

Bench: Hon’ble Justice Jagdish Singh Khehar, Hon’ble Justice Kurian Joseph, Hon’ble Justice Rohinton Fali Nariman, Hon’ble Justice Uday Umesh Lalit, Hon’ble Justice S. Abdul Nazeer

Court: Supreme Court of India

Facts of this case :- Rizwan Ahmad ( husband of shyara Bano) give her talaq e biddat after 15 year’s of marriage . Then shyara Bano filed a writ petition in the Supreme Court and challenge the talaq e biddat , polygamy , halala as an unconstitutional because of it violates Article 14 , Article 15 , Article 21 , Article 25 of the constitution of India.

Talaq e biddat a practice in which a man has a right to divorce his wife by speaking talaq 3 times without the spouse consent. Halala is practice where a divorced women if wants to remarry her husband then first fall she would have to marriage and obtain divorce from second husband then she can come back to her first husband. And polygamy means that a muslim man can marry more than one wife.

Judgement :-.

supreme court’s five-judge bench issued its judgement in the triple talaq case on August 22, 2017, declaring the practise unlawful by a 3:2 majority. It deferred the matter for ruling after 6 days of arguments from both sides.
The court ordered Parliament to pass legislation prohibiting the practise of triple talaq.

Conclusion :-.

It is no doubt that triple talaq judgement has become a landmark judgement . After this judgement parliament pass a triple talaq law 2019 in which it becomes an offence . It is hoped that this judgement will be taken in the bright light and also help muslim female to live in a better and most secure life as guaranteed by the law of the land . Considering the social and historical background of India women always discriminated . A women opinion , thought , belief , were never given importance by the society and instance talaq ( triple talaq) is an example of this. We always says about the women empowerment , women are no less than a man but it is actually a reallity? This is best step taken by the supreme court and parliament in the case of triple talaq.

Reference :-

https://ili.ac.in

https://m.timesofindia.com

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