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In Shayara Bano v. Union of India (2017), the Supreme Court applied Constitutional Morality to hold that personal laws must comply with Fundamental Rights, and discriminatory practices like instant triple talaq can be reformed to protect ______ justice under Articles 14 and 15.
- economic
- gender
- procedural
- international
Answer: gender
Shayara Bano (2017) gender justice and personal law reform: (a) Context: Challenge to instant triple talaq (talaq-e-biddat) practice in Muslim personal law, (b) Supreme Court holding (3:2 majority): (i) Applied Constitutional Morality: Personal laws must comply with Fundamental Rights; discriminatory practices can be reformed, (ii) Instant triple talaq unconstitutional: Violates Article 14 (arbitrary, manifestly unreasonable), gender equality under Article 15, (iii) Not essential practice of Islam protected under Article 25; religious freedom subject to Fundamental Rights scrutiny, (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) Rationale: (i) Gender equality: Practices that treat women unequally violate Article 14; gender equality essential to constitutional identity, (ii) Religious freedom: Article 25 protects essential religious practices, not arbitrary, discriminatory customs, (iii) Constitutional Morality: Prevails over social morality; constitutional values protect marginalized against majoritarian impulses, (e) 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, (f) Illustrates transformative constitutionalism: Using constitutional values to reform discriminatory practices while respecting religious freedom; balance achieved through proportionality test, Constitutional Morality.