In Brief
Shayara Bano, divorced by her husband through triple talaq (talaq-e-biddat), challenged its validity as unconstitutional and discriminatory. The Supreme Court held that while triple talaq is part of Muslim personal law protected by Article 25, to the extent the Muslim Personal Law (Shariat) Application Act, 1937 recognizes it, that Act is void under Article 13(1) as it violates fundamental rights of gender equality and human dignity. The practice is manifestly arbitrary and inconsistent with Quranic principles requiring reconciliation. The Court directed the Union to legislate on the issue and enjoined triple talaq pronouncements for six months pending legislation, reflecting the need for reform while respecting religious freedom within constitutional bounds.
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