The Shayara Bano Case is a landmark constitutional judgment of the Supreme Court of India, formally titled Shayara Bano v. Union of India (AIR 2017 9 SCC 1 (SC)). The case originated from a writ petition filed by Shayara Bano, who was divorced by her husband, Rizwan Ahmed, in October 2015 through talaq-e-biddat, or instantaneous triple talaq. She challenged the practice, along with polygamy and nikah-halala, arguing they violated her fundamental rights, including Article 14 (equality before law), Article 15 (non-discrimination), and Article 21 (right to life with dignity).
The judgment was delivered on August 22, 2017, by a five-judge Constitution Bench, which held by a 3:2 majority that the practice of talaq-e-biddat was unconstitutional. The majority opinion, notably by Justice R.F. Nariman, declared that instantaneous triple talaq was "manifestly arbitrary" and thus violated Article 14 of the Constitution. The Court also held that the Muslim Personal Law (Shariat) Application Act, 1937, insofar as it recognized and enforced triple talaq, was a "law in force" under Article 13(1) and was void to that extent.
The judgment directly led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. This Act codified the Supreme Court's ruling by declaring the pronouncement of talaq-e-biddat to be void and illegal (Section 3). Furthermore, the Act made the practice a criminal offense, punishable with imprisonment for up to three years and a fine (Section 4). The case is a pivotal moment in the discourse on gender justice and the constitutional validity of personal laws in India.