Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
In Shayara Bano v. Union of India (2017), the Supreme Court applied the 'essential religious practices' test to hold that instant triple talaq is not an ______ practice of Islam protected under Article 25, and thus can be regulated to protect gender equality under Fundamental Rights.
- essential
- traditional
- ancient
- cultural
Answer: essential
Shayara Bano (2017) non-essential religious practice: (a) Context: Challenge to instant triple talaq (talaq-e-biddat) practice in Muslim personal law, (b) Supreme Court holding (3:2 majority): (i) Applied 'essential religious practices' test: Article 25 protects only essential practices of religion, not all customs, (ii) Instant triple talaq not essential practice of Islam; thus not protected under Article 25, (iii) Violates Article 14 (arbitrary, manifestly unreasonable), and gender equality rights under Fundamental Rights, (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 essential religious practices test to balance religious freedom with gender equality; Constitutional Morality guides interpretation of rights in evolving social contexts.