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In Shayara Bano v. Union of India (2017), the Supreme Court applied the arbitrariness test under Article 14 to hold that instant triple talaq was manifestly ______ and unreasonable, violating right to equality.
- traditional
- arbitrary
- ancient
- religious
Answer: arbitrary
Shayara Bano (2017) arbitrariness test under Article 14: (a) Context: Challenge to instant triple talaq (talaq-e-biddat) practice in Muslim personal law, (b) Supreme Court holding (3:2 majority): (i) Applied arbitrariness test under Article 14: Law/practice must not be arbitrary, manifestly unreasonable, (ii) Instant triple talaq arbitrary: Allows husband to unilaterally divorce wife without reason, reconciliation, judicial oversight, (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) Equality: Arbitrary practices that treat women unequally violate Article 14; gender equality essential to constitutional identity, (ii) Reasonableness: Laws/practices must be rational, non-arbitrary to satisfy Article 14, (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 arbitrariness test under Article 14 to reform discriminatory practices; Constitutional Morality guides interpretation of rights in evolving social contexts.