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Analysis Study Research Paper | Law | Volume 15 Issue 4, April 2026 | Pages: 1396 - 1403 | India
From Personal Law to Constitutional Scrutiny: Judicial Responses to Triple Talaq in India
Abstract: This paper examines the judicial transformation of Triple Talaq (talaq-ul-biddat) in India from a matter of personal law to one subjected to constitutional scrutiny. It analyses key judicial pronouncements of the Supreme Court and various High Courts, highlighting how the practice has been evaluated in light of fundamental rights such as equality, non-discrimination, and the right to life with dignity. The study explores the tension between religious freedom under Article 25 and constitutional mandates under Articles 14, 15, and 21. It further considers the role of the Central Government, Law Commission, and international norms in shaping the discourse on reform. The paper argues that judicial intervention has played a crucial role in challenging arbitrary practices and advancing gender justice within the framework of a secular constitutional order, ultimately paving the way for legal reform and protection of Muslim women?s rights in India.
Keywords: Triple Talaq, Constitutional Rights, Gender Justice, Muslim Women Rights, Judicial Reform
How to Cite?: Dr. Nitya Nand Pandey, Dr. Mukti Jaiswal, "From Personal Law to Constitutional Scrutiny: Judicial Responses to Triple Talaq in India", Volume 15 Issue 4, April 2026, International Journal of Science and Research (IJSR), Pages: 1396-1403, https://www.ijsr.net/getabstract.php?paperid=SR26422111523, DOI: https://dx.dx.doi.org/10.21275/SR26422111523