Triple talaq unconstitutional, says SC: All you need to know about Shayara Bano's fight

SC to pronounce its judgement on whether triple talaq among Muslims is fundamental to the religion

Is triple talaq fundamental to Islam? Shayara Bano would not agree, and she has challenged the constitutionality of the practices of polygamy, triple talaq ('talaq-e-bidat'), and 'nikah halala' in the Supreme Court.

Answering the question is important. The Supreme Court on Tuesday held the Muslim practice of triple talaq unconstitutional and struck it down by 3:2 majority. Triple talaq , or verbal divorce, is practised by some in the Muslim community to instantly divorce their wives by saying talaq three times.

What does Bano's plea contend:

Bano, as reported earlier, has challenged the constitutionality of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, in so far as it seeks to recognise and validate polygamy, triple talaq and nikah halala. 

Bano also challenged the Dissolution of Muslim Marriages Act, 1939, saying that it fails to provide Indian Muslim women with protection from bigamy.

In her petition before the court, Bano related her own harrowing experience and said that she was subjected to cruelty, and dowry demands, from her husband and his family. 

In her plea, Bano said: "Muslim women have their hands tied while the guillotine of divorce dangles, perpetually ready to drop at the whims of their husbands who enjoy undisputed power. Such discrimination and inequality hoarsely expressed in the form of unilateral triple-talaq is abominable when seen in light of the progressive times of the 21st century."

"Further, once a woman has been divorced, her husband is not permitted take her back as his wife even if he had pronounced talaq under influence of any intoxicant, unless the woman undergoes nikah halala which involves her marriage with another man who subsequently divorces her so that her previous husband can re-marry her," she went to describe in her plea.

Bano's story:

Bano, a 35-year-old mother of two, had been visiting her parents' home in Uttarakhand for medical treatment in October of 2015 when she received her talaqnama, a BBC report from April last year said.

The report added that her attempts "to reach her husband of 15 years, who lives in the city of Allahabad, have been unsuccessful".

Speaking to BBC, she had said: "He's switched off his phone, I have no way of getting in touch with him." She added, "I'm worried sick about my children, their lives are getting ruined."

According to BBC, in February 2016, Bano finally filed her petition.