Shayara Bano and others v. Union of India by Kanika Bhatia

BRIEF 

Shayara Bano was married to Rizwan Ahmed for 15 years. In 2016, he divorced her through instantaneous triple talaq ( talaq-e-biddat ). She file a writ petition in the supreme court asking it to hold 3 practices:

  • Talaq-e-biddat
  • Polygamy
  • Nikah halala

ISSUES

Whether the practice of talaq e biddat (specifically instantaneous triple talaq / an essential practice of Islam).

Whether the practice of triple talaq violates any fundamental rights.

ARGUMENTS BY PETITIONER

Mr Amit Chadha. Senior advocate representing Shayara Bano began by arguing that triple talaq is not a form of divorce recognised by the Muslim personal law ( shariat ) application act, 1937. He pointed out that several high courts and supreme court decision have restricted the unilateral tar of Muslim men to divorce women and criticize the practice of triple talaq has it does not have Quranic sanction. Moreover, these judgement affirms that the Quran permits divorce for reasonable cause an if preceded attempt at reconciliation. He urged the court to strike down triple talaq as allowing an un-codified power to Muslim men to divorce violate Article 14 and 15 of the constitution.

ARGUMENTS BY RESPONDENT

Mr Amit Chadha. Senior advocate representing Shayara Bano began by arguing that triple talaq is not a form of divorce recognised by the Muslim personal law ( shariat ) application act, 1937. He pointed out that several high courts and supreme court decision have restricted the unilateral tar of Muslim men to divorce women and criticize the practice of triple talaq has it does not have Quranic sanction. Moreover, these judgement affirms that the Quran permits divorce for reasonable cause an if preceded attempt at reconciliation. He urged the court to strike down triple talaq as allowing an un-codified power to Muslim men to divorce violate Article 14 and 15 of the constitution.

Mr. Sibal concluded arguments by claiming that Muslim women are not discriminated against triple talaq rule and may even benefit from immediate relief from bad marriages. He proposed four options for Muslim women to protect herself from the discriminatory use of triple talaq :

 

1. She may register the marriage under the special marriage act, 1954

2. she can insert conditions into the nikahnama to prohibit her husband from exercising a triple talaq

3. she delegate the right to talaq to herself

4. insist on the payment of a high mehar amount to deter the exercise of triple talaq.

SMALL JUDEGEMENT

Yes it is still applicable. On 22nd August 2017 Indian Supreme Court beamed instant triple talaq or talaq e biddat unconstitutional. On 30th July 2019, Parliament of India declared the practice of triple talaq as illegal, unconstitutional and made it punishable act from 1st August 2019 which is deemed to be in effect from 19th September 2018.

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