By Sunidhi Singh, Army Institute of Law, Mohali.
“Justice consists not in being neutral between right and wrong but in finding out the right and upholding it, wherever found, against the wrong.”-Theodore Roosevelt
In the case of Shayara Bano v. Union of India and others, it was held by the honorable Supreme Court of India that the practice of triple talaq is unconstitutional in nature as it renders the Muslim women of our country bereft of the fundamental rights vested in them by the Indian Constitution, such as right to equality (Article 14) and right to live with dignity (Article 21).
It isn’t the first time when a Muslim woman had protested against this evil practice, also known as talaq-e-biddat, but this was the first instance when a Muslim woman had actually challenged the practice of instant talaq, raising the contention regarding its interference with her fundamental rights. Continue reading