Instant triple talaq invalid, declares SC
In the landmark judgment of Shayara Bano and Ors v Union of India and Ors, the Supreme Court by a 3:2 majority has held that divorce through talaq e-bidat, or instant triple talaq, is invalid in law. The Court upheld the settled view that personal law cannot be tested against the Constitution, and the validity of a particular practice must therefore be drawn from the source of a particular religion, in this case, the Quran. This understanding of personal law thus continues to hold that un-codified personal law is above the Constitution, and cannot be declared unconstitutional/ invalid for violating fundamental rights.
Yet, this judgment is celebrated as its an outcome of mulitiple petitions by Muslim women’s rights groups, and has had declared yet again, instant triple talaq as unconstitutional.
Shayara Bano and Ors v Union of India and Ors[Writ Petition (C) No. 118 of 2016]