Triple Talaq — Constitutional Validity · 22 August 2017
Shayara Bano v. Union of India: Supreme Court Declares Instant Triple Talaq Unconstitutional
Supreme Court of India · (2017) 9 SCC 1
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The petitioner's marriage was dissolved by her husband through an instant, unilateral pronouncement of talaq-e-biddat ("triple talaq"), a form of divorce under Muslim personal law that takes effect immediately and irrevocably once pronounced, without any requirement of reconciliation attempts or a waiting period. She challenged the constitutional validity of this practice, along with related personal-law practices, before the Supreme Court, which constituted a five-judge Constitution Bench representing multiple faiths to hear the matter.
By a 3:2 majority, the Bench held that the practice of talaq-e-biddat is not protected as an essential religious practice and is manifestly arbitrary, and therefore unconstitutional under Article 14 of the Constitution. The practice was accordingly declared void and of no legal effect. The judgment did not address other forms of talaq recognised under Muslim personal law, which continue to operate, but specifically invalidated the instant, non-revocable form of triple talaq.
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