Case Analysis Of Shayara Bano Vs Union Of India
- IJLLR Journal
- Aug 18
- 1 min read
Saanvi Udupa, Sanskriti Gogoi & Swapna Haridas, Symbiosis Law School, Hyderabad
ABSTRACT
Shayara Bano v. Union of India, the landmark case that questioned the constitutional validity of Triple Talaq and the fundamental rights of Muslim women in India. It took a step towards women’s rights to equality and dignity and secularism of the country. The case held the Talaq-e-biddat custom invalid and unlawful. It also declared Triple Talaq to be unconstitutional as per Article 14 of the Indian Constitution. There have been several studies made to understand and analyse the consequences of this case on society regarding gender equality and the cruelty that Muslim women have faced due to the Triple Talaq. This paper aims to analyse and comment on the case from the view of the validity of Triple Talaq, personal law and gender equality, reform of Muslim Personal Law, the validity of the previous judgements made, and the religious and legal validity of the case. Following the judgement of this case, the Muslim Women’s Act, 2019, was passed which criminalised the practice of instant Triple Talaq, thereby making it unlawful. Additionally, this case helped in classifying the constitutional status of Muslim personal laws.
Keywords: Triple Talaq, gender equality, secularism, legal validity, dignity
