polity hard Fill in the Blank

In Shayara Bano v. Union of India (2017), the Supreme Court applied the arbitrariness test under Article 14 to hold that instant triple talaq was manifestly ______ and unreasonable, violating right to equality.

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

Answer: arbitrary

Shayara Bano (2017) arbitrariness test under 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) Applied arbitrariness test under Article 14: Law/practice must not be arbitrary, manifestly unreasonable, (ii) Instant triple talaq arbitrary: Allows husband to unilaterally divorce wife without reason, reconciliation, judicial oversight, (iii) Violates Article 14 (arbitrary, manifestly unreasonable), and gender equality rights under Fundamental Rights, (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) Reasonableness: Laws/practices must be rational, non-arbitrary to satisfy Article 14, (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 arbitrariness test under Article 14 to reform discriminatory practices; Constitutional Morality guides interpretation of rights in evolving social contexts.

Topic Shayara Bano Case - Arbitrariness Test Under Article 14
Exam Relevance Shayara Bano arbitrariness test critical for UPSC Mains and Judiciary exams
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