Article Details

Triple Talaq Vis -A -Vis Right to Religion: an Analytical Study | Original Article

Ruchi Pateria*, in Shriji Socio-Legal Journal | Law

ABSTRACT:

In India the buzz word which is in headlines today is “Triple talaq”. Every newspaper, news channel of the country is discussing rising radicalism and limitations on liberal space. India, the land that gave birth to different religions and follows the principle of “Sarva Dharma Sambhav” enshrines both the spirit of Secularism and Freedom of Religion in the Constitution of India has been having a curious debate these days. The landmark judgment of Supreme Court in Shayara Bano v. Union of India which invalidated the practice of Triple talaq gave rise to various issues as to whether the declaration of Triple talaq as invalid or Unconstitutional is against the Freedom of Religion or the declaration is a progressive step as Triple talaq is against Articles 14, 15 and 21 being fundamental rights guaranteed under the Constitution of India. Another question arises as to being into practice from a long time does invalidating the practice of Triple talaq is proper from the perspective of Article 13 of Constitution of India or what is bad in theology is bad in law is rightly made applicable in this decision or whether this is one of the first step towards the Uniform Civil Code which does not mean majoritaian law but means the best law from all the Religions which is for the welfare of our society. The paper examines the above mentioned questions and discusses the various points related to the verdict. The above mentioned points motivated the researcher for this research work.