Triple Talaq And Its Legal Validity Under Muslim Law In India: A Critical Evaluation Of The Supreme Court's Rulings

Daksh Saini, B.Com LLB, O.P Jindal Global University Sonipat

ABSTRACT

This essay critically evaluates the Supreme Court of India's rulings on the practice of triple talaq under Muslim law in India. It provides an overview of Muslim personal law in India and the concept and practice of triple talaq, highlighting its controversial and discriminatory nature. The Supreme Court's landmark rulings, particularly the 2017 decision in Shayara Bano v. Union of India, which declared triple talaq unconstitutional, are examined in detail. The legal impact of the judgment, its broader implications for religious freedom and gender equality, and criticisms of the ruling are discussed. The author offers a personal viewpoint, supporting the progressive nature of the Supreme Court's decision while acknowledging the need for clearer legislative frameworks. Finally, the paper concludes by emphasizing the importance of future legal developments in ensuring gender equality and justice for Muslim women while respecting religious and cultural traditions.