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In Shayara Bano v. Union of India (2017), the Supreme Court struck down instant triple talaq as violating Article 14 (right to equality), holding that constitutional values of gender equality override discriminatory religious customs.
- True
- False
Answer: True
Gender justice in personal law: (a) Shayara Bano (2017): 3:2 majority held instant triple talaq (talaq-e-biddat) unconstitutional: (i) Violates Article 14 (arbitrary, manifestly unreasonable), (ii) Not essential practice of Islam protected under Article 25, (iii) Constitutional Morality (gender equality, dignity) overrides discriminatory religious custom, (b) Applications: (i) Legislative follow-up: Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalized instant triple talaq, (ii) Broader principle: Personal laws subject to Fundamental Rights scrutiny; religious freedom (Article 25) balanced with gender equality (Articles 14, 15), (iii) Comparative cases: Joseph Shine (2018) struck down adultery law (Section 497 IPC) as violating gender equality, dignity, autonomy, (c) Challenges: (i) Implementation: Awareness among Muslim women about legal rights, access to justice, (ii) Social change: Legal reform requires accompanying social education, community engagement, (iii) Balance: Respect for religious diversity while protecting individual rights, especially of marginalized within communities, (d) Illustrates transformative constitutionalism: Using constitutional values to reform discriminatory practices while respecting religious freedom; balance achieved through proportionality test, Constitutional Morality.