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View Weekly PageAnswer: 2019
Shayara Bano (2017) legislative follow-up: (a) Judgment: Supreme Court struck down instant triple talaq as unconstitutional (violates Article 14, not essential religious practice), (b) Legislative response: Muslim Women (Protection of Rights on Marriage) Act, 2019: (i) Criminalized instant triple talaq: Making pronouncement of talaq-e-biddat offence punishable with imprisonment, (ii) Protected rights: Provided for maintenance, custody of children for affected women, (iii) Procedural safeguards: Cognizable offence, but compoundable with magistrate's permission, (c) Applications: (i) Legal protection: Affected women can seek maintenance, custody through legal process, (ii) Deterrence: Criminalization deters practice of instant triple talaq, (iii) Awareness: Legal literacy programs empower Muslim women to claim rights under Act, (d) Debates: (i) Criminalization vs. civil remedies: Debate whether criminalization necessary or civil remedies sufficient, (ii) Implementation: Ensuring effective enforcement, access to justice for affected women, (iii) Social change: Legal reform requires accompanying social education to shift patriarchal attitudes, (e) Rationale: (i) Gender justice: Legislative follow-up operationalizes judicial recognition of gender equality in personal law, (ii) Rights protection: Statutory framework provides concrete remedies, enforcement mechanisms for affected women, (iii) Constitutional values: Legislation aligns personal law with constitutional values of equality, dignity, non-discrimination, (f) Illustrates transformative constitutionalism: Judicial recognition of rights prompting legislative action; statutory framework operationalizes constitutional values through concrete remedies, enforcement mechanisms.