The triple talaq judgment refers to the Supreme Court’s decision in Shayara Bano v. Union of India (2017), which declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional. Key points of the judgment: • Talaq-e-biddat is a form of divorce where a Muslim husband pronounces “talaq” three times in one sitting to instantly and irrevocably end the marriage. • The Supreme Court, by a 3:2 majority, held that this practice was arbitrary, violated the fundamental right to equality (Article 14), and was not an essential practice protected under religion (Article 25). • The Court struck it down, making it legally invalid from the date of judgment. After the judgment: • The Muslim Women (Protection of Rights on Marriage) Act, 2019 was enacted. • Under this Act, pronouncing instant triple talaq is: – Void and illegal – A criminal offence punishable with imprisonment up to 3 years and fine – Cognizable only on a complaint by the wife or her relatives • The law also provides for subsistence allowance to the wife and custody of minor children.

Dear Client, In 2017 the Supreme Court of India passed a landmark ruling in the case of Shayara Bano v. Union of India which is what we refer to as the “triple talaq judgment. What it was: In a ruling which declared the practice of “talaq-e-biddat” or instant triple talaq as unconstitutional. That practice which allowed a Muslim man to divorce his wife at will and in a flash by the recitation of the word “talaq” three times, in any format -- oral, written, or digital. Key points of the judgment: Main issues of the judgment:. Unconstitutional: A large majority of the benches' decision were that instant triple talaq is a form of discrimination against which Muslim women's fundamental rights including equality (Article 14) and the right to life with dignity (Article 21) of the Indian Constitution are violated. Not an essential religious practice: The court which sided with the majority reported that this aspect of divorce is not a requisite of Islamic religion thus it is not protected under the right to freedom of religion (Article 25). Resulting Legislation: Following the fact that which the judgment came down Indian Parliament put forth the Muslim Women (Protection of Rights on Marriage) Act, 2019 which outlaws the practice of instant triple talaq and puts the violators behind bars for up to 3 years. In fact the judgment brought to an end a very long standing issue of discrimination and is a large step forward in terms of gender justice for Muslim women in India. I hope this Answer help you, but if it does not help please do not hesitate to reach out. Thank you!

संक्षेप में: शायरा बानो मामले ने भारत में एक बार में तीन तलाक की प्रथा को समाप्त कर दिया और मुस्लिम महिलाओं के समानता और सम्मान के अधिकारों को बरकरार रखा।

Following the judgment, the Government passed The Muslim Women (Protection of Rights on Marriage) Act, 2019. Under this law: Pronouncement of Triple Talaq (talaq-e-biddat) is illegal and void. Husband who pronounces Triple Talaq is liable to imprisonment up to 3 years and fine. Wife is entitled to maintenance and custody of minor children. --- ✅ In summary: Triple Talaq (instant divorce) is unconstitutional and void. It violates Muslim women’s fundamental rights. Parliament criminalized it in 2019 law, making it punishable with up to 3 years’ jail.