Which of the following reasons led to the setting aside of the practice of 'talaq-ebiddat', triple…
In Shayara Bano v. Union of India, (2017), the majority set aside talaq-e-biddat because Section 2 of the 1937 Act, as a pre-constitutional law within Article 13(1), was…
Choose your answer
Which of the following reasons led to the setting aside of the practice of 'talaq-ebiddat', triple talaq in Shayara Bano v. Union of India (2017)?
(i) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-constitutional legislation within the meaning of Article 13(1) and violative of Article 14 of the Constitution of India on the ground of arbitrariness.
(ii) Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 was a pre-constitutional legislation within the meaning of Article 13(1) and violative of Article 15 of the Constitution of India, being discriminatory.
(iii) Muslim Personal Law (Shariat) Application Act, 1937 is not a law regulating triple talaq but the practice of triple talaq was against the basic tenets of the Holy Quran and no practice against the tenets of Quran was permissible.
(iv) 'Talaq-e-biddat' is integral to the religious denomination but the Supreme Court may injunct this practice as a means for severing matrimonial relationship.
Answer and explanation
Correct answer D
In Shayara Bano v. Union of India, (2017), the majority set aside talaq-e-biddat because Section 2 of the 1937 Act, as a pre-constitutional law within Article 13(1), was manifestly arbitrary under Article 14, and because the practice was against the basic tenets of the Quran, not on Article 15 grounds, so the answer is "(i) and (iii) only".
Practice for these exams
-
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision