Supreme Court Declared Triple Talaq Unconstitutional: 10 Key Facts
In a landmark judgment on August 22, 2017, the Supreme Court of India declared the practice of instant triple talaq (talaq-e-bidat) unconstitutional. The apex court ruled that it violated Articles 14 and 15 of the Indian Constitution. The bench categorically stated that triple talaq was not an integral part of the Quran. This historic decision was a major step towards ensuring justice and equality for Muslim women, who had long suffered due to this practice that allowed husbands to divorce them without any due process, leaving deep negative consequences on their lives.
This report explains why triple talaq was considered a curse for Muslim women, why the Supreme Court struck it down, and what Islam itself says about the practice.
1. When did the Supreme Court declare triple talaq unconstitutional?
On August 22, 2017, a five-judge Constitution Bench of the Supreme Court, by a 3:2 majority, declared instant triple talaq illegal, unconstitutional, and void.
The court held that the practice violated the fundamental rights to equality and non-discrimination under Articles 14 and 15. The bench further observed that triple talaq was not an essential religious practice under Islam.
The bench comprised then Chief Justice J. S. Khehar, Justices Kurian Joseph, R. F. Nariman, U. U. Lalit, and S. Abdul Nazeer. Chief Justice Khehar and Justice Nazeer had suggested a temporary six-month ban on the practice until Parliament passed legislation. The court directed the central government to bring in a law within six months.
2. What was the Shayara Bano vs Union of India case?
The case that triggered this historic verdict was filed by Shayara Bano, a Muslim woman married in 2001 to Rizwan Ahmed. The couple had two children.
On October 10, 2015, Rizwan divorced her over the phone by saying “talaq, talaq, talaq” in the presence of witnesses, invoking talaq-e-bidat.
In February 2016, Shayara Bano filed a writ petition before the Supreme Court, challenging the constitutional validity of triple talaq. She argued that the practice violated Articles 14 (equality), 15 (non-discrimination), 21 (right to life), and 25 (freedom of religion).
3. What is triple talaq?
Triple talaq, also known as talaq-e-bidat, was a regressive practice in Muslim society. Under it, a husband could unilaterally end a marriage simply by uttering the word “talaq” three times—whether orally, in writing, or even electronically.
Notably, neither the Quran nor the Hadith makes any reference to instant triple talaq.
4. What are the other forms of divorce in Islam?
Islam provides for several other forms of divorce, including:
- Talaq-e-Hasan: Divorce is pronounced once a month over three months. If reconciliation fails, the divorce becomes final.
- Talaq-e-Kinaya: A one-time divorce, pronounced indirectly through words, writing, or public declaration.
- Talaq-e-Bain: A clear, irrevocable divorce given in one pronouncement, such as saying “You are free” or “You are released.”
5. Can Muslim women also seek divorce?
Yes. In Islam, women have the right to divorce under the concept of Khula. The Quran and Hadith recognize this provision.
Under the Dissolution of Muslim Marriages Act, 1939, a Muslim woman can seek divorce through legal means. However, in Khula, she may be required to return part of the dower (mahr) or other assets to the husband.
6. When did Parliament pass the Triple Talaq Prohibition Bill?
- On December 28, 2017, the Lok Sabha first passed a bill criminalizing instant triple talaq.
- On July 25, 2019, the bill was passed again in the Lok Sabha, with 303 votes in favor and 82 against.
- On July 30, 2019, the Rajya Sabha approved it, with 99 votes in favor and 84 against.
- On July 31, 2019, President Ram Nath Kovind gave assent to The Muslim Women (Protection of Rights on Marriage) Act, 2019, making instant triple talaq a punishable offense.
7. What are the key provisions of the law?
- Instant triple talaq is declared illegal and a cognizable offense.
- Husbands found guilty can face up to three years in prison along with a fine.
- Police can arrest the accused without a warrant.
- Bail cannot be granted without hearing the woman’s side.
- Custody of minor children will remain with the mother.
8. Where was the first case registered under the law?
On March 13, 2021, Jammu and Kashmir police registered the first case under the new law. A man in Kupwara was accused of giving instant triple talaq to his wife, making it the first legal action in the region under the 2019 Act.
9. Which countries have banned triple talaq?
Nineteen countries, including Egypt, Pakistan, Bangladesh, Iraq, Sri Lanka, Syria, Tunisia, Malaysia, Indonesia, Cyprus, Jordan, Algeria, Iran, Brunei, Morocco, Qatar, and the UAE, have already banned instant triple talaq.
10. How much have cases declined since the law came into effect?
On August 1, 2021, then Union Minister for Minority Affairs Mukhtar Abbas Naqvi stated that cases of instant triple talaq had dropped by nearly 80% since the law came into effect. Kerala Governor Arif Mohammed Khan also confirmed the same decline.
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