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The Union government in the Supreme Court has justified the law criminalising triple talaq, saying the “practice legitimised and institutionalised abandonment of wives by their husbands” and was “neither Islamic nor legal”
Shayara Bano case judgement
The Supreme Court in Shayara Bano case (2017) had declared the practise of Triple Talaq (talaq-e-biddat) as unconstitutional
The Triple Talaq was held to be violative of Article 14 (the right to equality)
The case was brought by Shayara Bano, a Muslim woman who argued that the practice violated her right to equality and other constitutional freedoms
The court's 5-judge bench ruled 3:2 in favor of Bano, finding that triple talaq was arbitrary, violated the Quran and Sharia, and was not an essential part of Islam.
The court also ordered the Indian Parliament to create legislation to govern Muslim marriage and divorce
Court also issued an injunction against husbands from practicing triple talaq until the law was passed.
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