STATEMENT OF FACTS
1. Parties Involved
1.1 The Petitioner, Shayara Bano, is a Muslim woman residing in India. She was married to
her husband under the provisions of Muslim Personal Law.
1.2 The Respondent, Union of India, represents the Government of India, tasked with
upholding the Constitution and ensuring that all citizens are treated equally under the law,
irrespective of their religion, gender, or personal beliefs.
2. Marriage and Domestic Discord
2.1 Shayara Bano's marriage, though initially stable, faced severe difficulties over the years,
marked by ongoing domestic discord and unresolved conflicts.
2.2 After several years of strained marital relations, including allegations of emotional and
physical distress, Shayara Bano made multiple attempts to reconcile the differences with her
husband, but these efforts proved unsuccessful.
3. Talaq-e-Biddat (Triple Talaq)
3.1 In a sudden and unilateral move, Shayara Bano’s husband pronounced Talaq-e-Biddat
(Triple Talaq) to her, a form of instant divorce recognized under certain interpretations of
Muslim Personal Law.
3.2 This form of divorce is irrevocable and dissolves the marriage immediately, without
affording the wife any opportunity for reconciliation or legal contestation. Shayara Bano
received no prior notice, mediation, or financial support following the pronouncement of
talaq.
3.3 As a result, Shayara Bano found herself abandoned without any legal or financial
recourse, leading to significant hardship in her personal and financial life.
4. Challenge to the Constitutionality of Triple Talaq
4.1 Shayara Bano filed a petition before the Hon’ble Supreme Court of India, challenging the
constitutionality of Talaq-e-Biddat. She contends that the practice is discriminatory and
violates the following fundamental rights under the Constitution:
Article 14 (Right to Equality), as it grants Muslim men arbitrary powers to dissolve marriages
while denying women an equal standing in matrimonial matters.
Article 15 (Prohibition of Discrimination), as it discriminates against Muslim women by
subjecting them to a separate set of personal laws that are detrimental to their rights.
Article 21 (Right to Life and Personal Liberty), as it deprives Shayara Bano of the security,
dignity, and autonomy inherent in her right to life.
5. The Role of the Respondent, Union of India
5.1 The Union of India, while taking a neutral stance in terms of the religious aspects of the
case, has expressed its commitment to the values of equality, justice, and protection of
women’s rights as enshrined in the Constitution.
5.2 The Respondent acknowledges that the issue at hand involves balancing religious
freedom with constitutional protections and contends that personal laws cannot be exempt
from constitutional scrutiny when they infringe upon the fundamental rights of individuals.
6. Existing Legal Framework
6.1 The practice of Talaq-e-Biddat is codified under the Muslim Personal Law (Shariat)
Application Act, 1937, which governs marriage, divorce, and inheritance matters for Muslims
in India.
6.2 Although various legal experts and judicial commissions have repeatedly called for the
reform of Muslim personal laws, the practice of Triple Talaq continues to be utilized in
certain cases, leaving Muslim women vulnerable to arbitrary divorces.
7. The Petitioner’s Hardship and Broader Implications
7.1 The sudden and irreversible nature of the Triple Talaq left Shayara Bano without any
financial security or social support. Her situation reflects the struggles faced by many Muslim
women who are subjected to arbitrary divorce without adequate legal safeguards.
7.2 The case has garnered widespread public attention and has reignited debates around
gender justice, religious freedom, and the need for uniform protection of women’s rights,
irrespective of religious affiliation.
8. Broader Impact on Women’s Rights
8.1 This case stands as a crucial test of the balance between religious personal laws and
constitutional protections. The Petitioner argues that Triple Talaq should be struck down, as it
conflicts with the modern notions of gender justice and equality guaranteed to all women in
India, regardless of their religious background.
8.2 The outcome of this case has the potential to bring about significant reforms in personal
laws and to create a legal precedent ensuring that Muslim women enjoy the same rights and
protections as women from other religious communities under Indian law.
1
Muslim Personal Law (Shariat) Application Act, 1937.
Constitution of India, Articles 14, 15, 21.
Shamim Ara v. State of U.P., AIR 2002 SC 3551.
Danial Latifi v. Union of India, AIR 2001 SC 3958.
Justice Rajendra Mal Lodha, Report of the Law Commission of India on Reforms in Muslim Personal Laws,
j2015.
The Muslim Women (Protection of Rights on Divorce) Act, 1986.
Supreme Court of India, Judgment on Triple Talaq, 2017.
National Commission for Women Report on Gender Justice and Personal Laws, 2016.
