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Showing posts with the label Shayara Bano v. Union of India (2017)

A Comparative Analysis of Triple Talaq in Modern India: A Case Law Discussion

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A Comparative Analysis of Triple Talaq in Modern India: A Case Law Discussion Introduction: Triple Talaq, also known as "talaq-e-biddat," is a form of divorce practiced in some Muslim communities in India. It allows a Muslim man to legally divorce his wife by pronouncing the word "talaq" three times in one sitting. This controversial practice has been the subject of much debate and legal scrutiny in modern India. In this case law discussion, we will examine the historical context of Triple Talaq, its legal implications, and compare it to the current status of divorce laws in modern India. Historical Background: Triple Talaq traces its roots to the Islamic tradition and has been practiced for centuries. It has been justified by some scholars as a valid form of divorce under Islamic law. However, critics argue that it is discriminatory and infringes upon the rights of Muslim women. Legal Implications: 1. The case of Shayara Bano v. Union of India (2017) : This landmar...

Article 25 of the Indian Constitution: Illuminating the Modern Era through Discourse and Case Laws

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Article 25 of the Indian Constitution: Illuminating the Modern Era through Discourse and Case Laws Introduction: Article 25 of the Indian Constitution guarantees every citizen the right to freedom of religion. As a fundamental right, it plays a pivotal role in shaping the secular fabric of the nation. Over the years, Article 25 has been subject to interpretation and scrutiny, leading to a rich tapestry of case laws that shed light on its significance in the context of the modern era. In this article, we will delve into the discussions surrounding Article 25, exploring its nuances, the relevant case laws, and its implications in today's diverse society. Understanding Article 25: Article 25 encompasses several dimensions, including the freedom to profess, practice, and propagate religion. It grants individuals the autonomy to follow and express their religious beliefs, subject to reasonable restrictions in the interest of public order, morality, and health. However, the interpretatio...