CASE ANALYSIS OF TRIPLE TALAQ
Case-NumberWP (C) 118/2016
Judges:-
Case Description
A Constitution Bench has declared that the practice of instantaneous Triple Talaq is unconstitutional.
Background
On 22nd August 2017, the 5 Judge Bench of the Supreme Court pronounced its decision in the Triple Talaq Case, declaring that the practice was unconstitutional by a 3:2 majority.
- Majority: Rohinton Nariman J. and U.U. Lalit J.
- Concurring: Kurian Joseph J.
- Dissenting: CJI J.S. Khehar and Abdul Nazeer J.
Shayara Bano was married to Rizwan Ahmed for 15 years. In 2016, he divorced her through instantaneous triple talaq (talaq -e biddat). She filed a Writ Petition in the Supreme Court asking it to hold three practices – talaq-e-biddat, polygamy, nikah-halala – unconstitutional as they violate Articles 14, 15, 21, 25 of the Constitution.
Talaq-e- bidat is a practice that gives a man the right to divorce his wife by uttering ‘talaq’ three times in one sitting without his wife’s consent. Nikah Halala is a practice where a divorced woman who wants to remarry her husband would have to marry and obtain a divorce, from a second husband before she can go back to her first husband. And polygamy is a practice that allows Muslim men to have more than one wife.
On 16th February 2017, the Court asked Shayara Bano, the Union of India, various women’s rights bodies, and the All India Muslim Personal Law Board (AIMPLB) to give written submissions on the issue of talaq-e- biddat, nikah-halala, and polygamy. The Union of India and the women’s rights organizations like Bebaak Collective and Bhartiya Muslim Mahila Andolan (BMMA) supported Ms. Bano’s plea that these practices are unconstitutional.
The AIMPLB has argued that uncodified Muslim personal law is not subject to constitutional judicial review and that these are essential practices of the Islamic religion and protected under Article 25 of the Constitution.
After accepting Shayara Bano’s petition, the Apex Court formed a 5 judge constitutional bench on 30th March 2017.
The first hearing was on 11th May 2017. On 22nd August 2017, the 5 Judge Bench pronounced its decision in the Triple Talaq Case, declaring that the practice was unconstitutional by a 3:2 majority.
CASE ANALYSIS OF TRIPLE TALAQ Case-NumberWP (C) 118/2016 Judges:- Rohinton Nariman U. U. Lalit Kurian Joseph Jadgish Singh Khehar Abdul Nazeer Case Description A Constitution Bench has declared that the practice of instantaneous Triple Talaq is unconstitutional. Background On 22nd August 2017, the 5 Judge Bench of the Supreme Court pronounced its decision in the Triple…