This case is a glaring example of discrimination towards the Muslim women in the name of divorce that is titled as ‘triple talaq’ or talaq-e-biddat. Divorcing a wife by irrevocable pronouncement by the husband is the essence. Such practices are gender biased and arbitrary in nature and many women were victimised in the name of talaq. This is based on the detrimental effects of personal laws that by its very root is prejudicial and influenced by patriarchy. Shayara Bano is the woman who fought back by breaking the silence which eventually led to a history which is capable of saving the lives of many women. Court by majority held triple talaq as unconstitutional and violative of part III of the Constitution of India. During the judgment, the court pointed out that talaq finds no place in the Holy Quran or Sharia Law but has been practised as a part of custom. Later, as an initiative from the part of the Government, parliament has passed the Muslim Women (Protection of Rights on Marriage) Act, 2019 and penalised those who practice talaq in the country.
| Citation | AIR 2017 SC 4609, AIR 2017 9 SCC 1 (SC) |
| Name of the Court which decided the case | The Supreme Court of India |
| Bench | Justice Jagdish Singh Khehar, Justice S. Abdul Nazeer, Justice Rohinton Fali Nariman, Justice Uday Lalit, and Justice K.M. Joseph |
| Legislations | Muslim Women (Protection of Rights on Marriage) Act, 2019Constitution of India |