Shayara Bano v Union of India (2017) | Triple Talaq Judgment Explained | Part 18

Can a husband end a marriage immediately by saying 'talaq' three times in one sitting? Shayara Bano v. Union of India (2017) explained in simple English - Article 14. Part 18 of 40 in Law Easy's Constitutional Case Laws series for LL.B., CLAT PG, UGC NET Law and judiciary preparation. THE FACTS Shayara Bano challenged a practice under which a Muslim husband could try to end a marriage immediately by pronouncing talaq three times in one sitting - instant triple talaq, or talaq-e-biddat. The case raised difficult questions about personal law, equality and religious freedom. THE LEGAL QUESTION Can instant triple talaq continue as a valid way of dissolving a marriage? WHAT THE SUPREME COURT HELD A five-judge bench decided by 3:2 that the practice could not continue - but the majority did not all use the same reasoning. Justice R. F. Nariman and Justice U. U. Lalit found it manifestly arbitrary under Article 14. Justice Kurian Joseph reached the same result by another route: it was not supported by the essential teachings of the Quran and was not legally effective. Two judges disagreed with the result. KEY POINTS TO REMEMBER - 'Manifestly arbitrary' means seriously unreasonable and without a fair legal basis - Do not say all five judges agreed, or that the three in the majority used the same reasoning - A personal law practice cannot be assumed valid merely because it has been followed for a long time FOR YOUR EXAM Later, Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, which declares specified forms of instant talaq void and illegal. That statute is distinct from the 2017 judgment. CONTINUE THE SERIES Next, Part 19: Maneka Gandhi Case Explained (1978) | Article 21 & Fair Procedure https://youtu.be/pe-D2zyap5A Related, Part 38: Shirur Mutt Case (1954) | Articles 25 & 26 Essential Religious Practices https://youtu.be/wVYFeaWTpeM Related, Part 20: Sabarimala Judgment | Indian Young Lawyers Association v State of Kerala (2018) https://youtu.be/_lMmoK9891E All 40 Constitutional Case Laws (playlist): https://www.youtube.com/playlist?list=PLT4r9ZZ3tKLM Complete lecture, all 40 cases in one video: https://youtu.be/oUrSfn3wp8s?t=2344 (this case starts at 39:04) Notes and study material: https://www.thelaweasy.com Subscribe to Law Easy for more Constitutional Law, LL.B., CLAT PG, UGC NET Law and judiciary lectures: https://www.youtube.com/@LawEasyin?sub_confirmation=1 Educational content only, not legal advice. Always read the original judgment and check the latest law before relying on a case in an answer or in practice. #ConstitutionalLaw #CLATPG #UGCNETLaw #LawEasy #Equality