Vol. 3, Issue 2 (2018)
Triple talaq after shayara bano judgement
Author(s): Santosh Kumar Pandey
Abstract: The Supreme Court of India on 22 August 2017 delivered a historic decision in the constitutional bench decision on the validity of ‘Talaq-e-Biddat’ or ‘Triple Talaq’ under the Muslim personal law. The Hon’ble Court, declared by 3:2 majority the practice of Triple Talaq as unconstitutional. The decision of the Apex court will have a wide impact on the question of primacy between the fundamental right to the freedom of religion enshrined in the Constitution of India in the Article 25 and the fundamental right to equality under the Article 14, both of which the Hon’ble Supreme Court is duty bound to protect. The validity of ‘Triple Talaq’ is also significant from the point of view of gender justice as ‘Talaq-e-Biddat’ was seen to be blatantly discriminatory towards the Muslim women and the wider question of progressive reforms under the Muslim personal laws.In this paper we enquire that what will be the impact of judicial pronouncement in shayara bano judgement on triple talaq in muslim society.