The practice of 'talaq-e-biddat' – triple talaq was set aside in the case of __________. 

The correct answer is 'Shayara Bano v. Union of India'

Key Points

• Shayara Bano v. Union of India:
  • The practice of "talaq-e-biddat" or instant triple talaq allows a Muslim man to divorce his wife by uttering "talaq" three times in one sitting, without the need for any justification or reconciliation process.
  • In the landmark case of Shayara Bano v. Union of India (2017), the Supreme Court of India declared the practice unconstitutional, holding it as discriminatory against women and violative of their fundamental rights under Articles 14 (Equality before the law), 15 (Prohibition of discrimination), and 21 (Right to life and personal liberty).
  • The court emphasized that triple talaq is not an essential practice of Islam and hence does not enjoy constitutional protection under Article 25, which guarantees religious freedom.
  • The judgment paved the way for legislative intervention, leading to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized the practice of triple talaq.

Additional Information

• Shabnam Hashmi v. Union of India:
  • This case dealt with the adoption rights of individuals belonging to different religious communities. The Supreme Court held that the right to adopt a child is available to all citizens irrespective of their religion under the Juvenile Justice Act.
  • It does not relate to the issue of triple talaq or talaq-e-biddat.
• Jubair Ahmad v. Ishrat Bano:
  • This case pertains to family disputes but is not a landmark judgment addressing the constitutionality of triple talaq.
  • It does not hold any significance regarding talaq-e-biddat.
• Sarla Mudgal v. Union of India:
  • This is a landmark case that dealt with issues related to bigamy and the conflict between personal laws and the uniform civil code under Article 44 of the Constitution.
  • It highlighted the need for a uniform civil code but did not address the issue of triple talaq.