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In Shayara Bano v. Union of India (2017), the Supreme Court struck down instant triple talaq (talaq-e-biddat) as violating Article ______ (right to equality), holding that constitutional values of gender equality override discriminatory religious customs.
- 14
- 15
- 19
- 21
Answer: 14
Shayara Bano (2017) gender justice in personal law: (a) Context: Challenge to instant triple talaq (talaq-e-biddat) practice in Muslim personal law, (b) Supreme Court holding (3:2 majority): (i) Instant triple talaq unconstitutional: 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, (c) 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, (d) 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, (e) Illustrates transformative constitutionalism: Using constitutional values to reform discriminatory practices while respecting religious freedom; balance achieved through proportionality test, Constitutional Morality.