A 'Safe' Judgment that Relies on the Religious Rather than the Constitutional Test

The triple talaq judgment of the Supreme Court is a partial victory for Muslim women since it declares instantaneous triple talaq as unlawful, but not unilateral triple talaq. Even in the case of the former it does not declare instantaneous triple talaq as unconstitutional but only unlawful and that is a significant difference. Indian courts, even in respect of legislated laws have not been very encouraging when it comes to personal laws being challenged on the grounds of discrimination and dignity of women.

 

 

The only clarity about the “triple talaq judgment” in Shayara  Bano v Union of India and others is that instantaneous triple talaq has been struck downby the Supreme Court. This article attempts to throw some light on the judgment’s logic, meaning, and implications. 

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