BY MEETALI SONI
Shayara Bano is a name of a muslim girl who fought a long legal battle against triple talaq(third time divorce), has joined the Bharatiya Janata Party (BJP). A Constitution Bench has declared that the practice of instantaneous Triple Talaq is unconstitutional. On 22nd August 2017, the 5 Judge Bench of the Supreme Court pronounced its decision in the Triple Talaq Case, declaring that the practise was unconstitutional.
Shayara Bano case popularly known by , the “TRIPLE TALAQ CASE ” .Shayara Bano, a 35-year-old woman from Uttarakhand She was married to Rizwan Ahmed in 2002. She suffered a lots of problem in her marriage . Her is not working . She was visiting her parents in october 2015 with her five children. her husband sent a letter a divorce letter , the word talak was written thrice time in it (talak – i-biddat).Talaq-e- bidat is a practise which 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 practise 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 which allows Muslim men to have more than one wife.On 16th February 2017, the Court asked Shayara Bano, the Union of India, various women’ rights bodies, and the All India Muslim Personal Law Board (AIMPLB) to give written submissions on the issue of talaq-e- bidat, nikah-halala and polygamy. The Union of India and the women rights organizations like Bebaak Collective and Bhartiya Muslim Mahila Andolan (BMMA) supported Ms Bano’s plea that these practices are unconstitutional. She claimed that they violated several fundamental rights under the constitution of india namely Article 14 (Equality before law) , Article 15 (Prohibition of discrimination including on the ground og gender). Article 21 (Right to life )and Article 25 (Freedom of religion ).
There are two issues in this case are :-
- The validity of triple talaq.
- Whether triple talaq is an essential religious pratice?
The judges are from different communities are chief justice JS KHEHAR (a Sikh), KURIAN JOSEPH (a Christian) , R.F NARIMAN (a Parsi),U. U LALIT (a Hindu ) , and ABDUL NAZEER (a Muslim ).
On 22 of August 2017, the five judges bench of the supreme court pronounced is its decision in the triple talaq case, declaring that the practice was unconstitutional by a 3:2 majority. After 6 days of arguments from both side, it reserved the case for judgement.The court directed the Parliament to take legislative measures against the practice of triple talaq.Justice Rohinton Nariman and Uday Lalit held that talaq e biddat is regulated by the Muslim personal law (shariat) application 8, 1937. They held the practice is unconstitutional because it is manifestly arbitrary in nature. Justice Kurian Joseph on the other hand, in his concurring opinion, noted that triple talaq is against the Quran, and thus lack legal sanction. He wrote, “what is held to be bad in the holy Quran cannot be good in Shariat and, what is bad in theology is bad in law as well”.
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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