Q. Consider the following statements:
1. In Shah Bano case, Supreme court declared that ‘instant Triple Talaq’ was against the right to equality.
2. In Shayara Bano case, Supreme court observed that the State had to secure Uniform Civil Code for its citizens.
Which of the statements given above is/are correct?
Exp) Option d is the correct answer.
Statement 1 is incorrect. The Supreme Court for the first time directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as the Shah Bano case.
In this case, Shah Bano claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq by him. In the Shah Bano case, the apex court had said that a common civil code would help the cause of national integration by removing disparate loyalties to laws having conflicting ideologies.
Statement 2 is incorrect. Shayara Bano Case: Shayara Bano, a 35-year-old woman, challenged the practice after getting divorced under the triple talaq custom. SC did not accept that instant talaq is essential to Islam and, therefore, deserves constitutional protection under Article 25. The main ground on which the practice has been struck down is that the practice is arbitrary and depends on the whims of the husband. The court ruled that the practice was against Article 14 of the Constitution, which guarantees the right to equality. It suggested the government to bring a legislation banning triple talaq.
