Case Law Analysis: Shayara Bano V. Union Of India
- IJLLR Journal
- Dec 17, 2024
- 1 min read
Advita Agrawal, Hidayatullah National Law University, Raipur, Chhattisgarh, India
ABSTRACT
The Shayara Bano v. Union of India judgment of 2017 represented an important landmark in the evolution of the law in India, especially with respect to the perspective of intersection between personal laws and constitutional protections. Supreme Court reasserted constitutional entitlement by declaring both triple talaq or talaq-e-biddat invalid within the Muslim community but set in motion, importantly, a debate over the codification of personal laws and a wider gender justice issue. The case thus widened the discussions on the longstanding Uniform Civil Code (UCC), which has been treated as a long-awaiting goal on the constitutional agenda. A closer study of the case itself elaborates on the factual context which led to the examination of the proposition, the conclusions and findings of the court, the wider socio-legal ramifications, and essentially places this within such evolving discourse on secularism, pluralism, and reforms concerning personal law in India.
