polity hard Fill in the Blank

In Shayara Bano v. Union of India (2017), the Supreme Court struck down instant triple talaq as violating Article 14 (right to equality) because it was ______ and manifestly unreasonable, not an essential practice of Islam protected under Article 25.

  1. traditional
  2. arbitrary
  3. ancient
  4. religious

Answer: arbitrary

Shayara Bano (2017) triple talaq and Article 14: (a) Context: Challenge to instant triple talaq (talaq-e-biddat) practice in Muslim personal law, (b) Supreme Court holding (3:2 majority): (i) Instant triple talaq unconstitutional: Violates Article 14 (arbitrary, manifestly unreasonable), (ii) Not essential practice of Islam protected under Article 25; religious freedom subject to Fundamental Rights scrutiny, (iii) Constitutional Morality (gender equality, dignity) overrides discriminatory religious custom, (c) Applications: (i) Legislative follow-up: Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalized instant triple talaq, (ii) Broader principle: Personal laws subject to Fundamental Rights scrutiny; religious freedom (Article 25) balanced with gender equality (Articles 14, 15), (iii) Comparative cases: Joseph Shine (2018) struck down adultery law (Section 497 IPC) as violating gender equality, dignity, autonomy, (d) Rationale: (i) Equality: Arbitrary practices that treat women unequally violate Article 14; gender equality essential to constitutional identity, (ii) Religious freedom: Article 25 protects essential religious practices, not arbitrary, discriminatory customs, (iii) Constitutional Morality: Prevails over social morality; constitutional values protect marginalized against majoritarian impulses, (e) Challenges: (i) Implementation: Awareness among Muslim women about legal rights, access to justice, (ii) Social change: Legal reform requires accompanying social education, community engagement, (iii) Balance: Respect for religious diversity while protecting individual rights, especially of marginalized within communities, (f) Illustrates transformative constitutionalism: Using constitutional values to reform discriminatory practices while respecting religious freedom; balance achieved through proportionality test, Constitutional Morality.

Topic Shayara Bano Case - Triple Talaq and Article 14
Exam Relevance Shayara Bano triple talaq critical for UPSC Mains and Judiciary exams
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