Illustrated by Aarti Sharma,
Summer Intern – Lex Lumen Research Journal (2025)
CASE BRIEF:
The Shayara Bano v. Union of India (2017) case was a landmark judgment by the Supreme Court of India that declared the practice of talaq-e-biddat, instant which means triple talaq, unconstitutional. Shayara Bano, a Muslim woman from Uttarakhand, was divorced through triple talaq – a practice where Muslim men are allowed to end a marriage by saying “talaq” three times in one sitting, either orally or in writing, or by electronic means. She challenged this in court, arguing that it violated her fundamental rights to equality, dignity, and non-discrimination under the Constitution. A five-judge Bench delivered a split verdict (3:2), with the majority striking down the practice as arbitrary and not essential to Islamic faith. The judgment marked a significant step toward gender justice and Muslim women’s rights in India. Following the verdict, the Indian Parliament passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, making instant triple talaq a punishable offense, further strengthening the court’s decision.
