Name of the Case : Shayara Bano vs. Union of India
Year of Judgement : 2017
Popular Name : Triple Talaq case
Related Topic/ Issue : Divorce in the muslim community
Related Article/ Schedule : 14
Supreme Court Judgement:
- Unconstitutionality of Triple Talaq: The judgement declared triple talaq (talaq-e-biddat) as unconstitutional and violative of Article 14 of the Constitution.
- Invalidation of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937: The judgement rendered Section 2 void to the extent that it recognized and enforced triple talaq.
- Legislative Direction: The court directed the central government to enact a law within six months to govern divorce in the Muslim community.
- Injunction Order: An injunction against the pronouncement of triple talaq was imposed until the new law was enacted.
Impact of the Judgement:
- Legislative Enactment: This judgement led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
- Popularly Known as Triple Talaq Act: The act is commonly referred to as the 'Triple Talaq Act'.
- Protection of Rights: It protects the rights of married Muslim women.
- Prohibition of Instant Divorce: The act prohibits the practice of divorce by pronouncing triple talaq by their husbands.
