What is relevance of Shayara Bano case with reference to Triple talaq? How is it important?
175B083 Mahesh P S 11 December 2020
In Shayara Bano v. Union of India, the validity and relevance of triple talaq rose into question. After being married for 15 years, In 2016 Shayara Bano was divorced by Rizwan Ahmed through the medium of Triple Talaq.
Shayara Bano filed a writ petition in the Supreme court against 3 practices under the ambit of Muslim Law.
In order to comprehend this better, we need to understand the different types of divorces permitted under the purview of Muslim Law. These are
Talaq-E-Biddat is also called triple talaq enabled the husband to attain divorce by uttering the word “talaq” thrice. This form of talaq doesn’t give the parties any scope to arbitrate, settle or resolve their issues.
In February 2017, a constitutional Bench of 5 judges was constituted to hear on the matter. These Judges were,
The petitioner here was Shayara Bano, the respondent was Rizwan Ahmed, later on more parties were added as respondents, these are:
The All India Muslim Personal Law Board here stated that all these above mentioned practices were under the purview of Muslim Personal Law and was outside the Supreme Court’s Jurisdiction.
After receiving the statements of all parties the Supreme Court labelled two issues.
In August 2017, The Bench stating that Triple talaq was inconsistent with Fundamental Rights guaranteed by the Constitution, declared the practice of instant triple talaq illegal and instructed the Centre to make laws accordingly.
The centre made passed a legislation pertaining to the same in July 2019.
Dr J C Vashista (Advocate) 13 December 2020
Very well explained by Mr.Mahesh P S, I agree and appreciate his acumen.
What is your locus standi / concerned / problem qua present query Mr. Vedanth Sharma ?