The Indian Supreme Court, in the Shayara Bano case, ruled that triple talaq is unconstitutional, not protected by religious freedom. While Article 25 of the Indian Constitution guarantees religious freedom, the court held that triple talaq is not an essential religious practice and violates the rights to equality and dignity. The Supreme Court's decision has led to the criminalization of triple talaq through the Muslim Women (Protection of Rights on Marriage) Act, according to BBC.
Elaboration:
Triple Talaq and the Constitution:
The practice of triple talaq, where a Muslim husband can divorce his wife by uttering "talaq" three times, was contested as violating the fundamental rights of Muslim women.
Article 25 and Religious Freedom:
Article 25 of the Indian Constitution guarantees religious freedom, but this freedom is not absolute. The courts have held that non-essential religious practices are not protected under this article, and according to BYJU'S they can be subject to regulation.
The Supreme Court's Ruling:
In Shayara Bano v. Union of India, the Supreme Court, in a 3:2 majority decision, declared triple talaq unconstitutional. The court held that the practice was not an essential religious practice and violated fundamental rights, especially the right to equality.
Criminalization of Triple Talaq:
The Supreme Court's decision paved the way for the Muslim Women (Protection of Rights on Marriage) Act, which criminalizes the practice of triple talaq according to BBC.
Arguments for and against the Criminalization:
Supporters of the criminalization argued that triple talaq was a discriminatory practice that violated women's rights and undermined the principle of equality. Opponents argued that the criminalization was an interference in religious matters and violated the freedom of religion.
Legal and Constitutional Considerations:
The legal arguments focused on the interpretation of Article 25, whether triple talaq was an essential religious practice, and its compatibility with other constitutional provisions like Article 14 (equality) and Article 15 (non-discrimination). The Supreme Court's decision ultimately sided with the argument that triple talaq was not an essential religious practice and violated the principles of equality and dignity.

The Supreme Court of India ruled that triple talaq is unconstitutional and does not violate the right to religious freedom. The Court held that the practice of instantaneous triple talaq was not an essential religious practice and that it violated the fundamental rights of Muslim women. The Court also stated that "what is bad in theology cannot be good in law".

No, triple talaq legislation is not a violation of the right to religious freedom because the Supreme Court held that instant triple talaq is not an essential religious practice protected under Article 25. The law was enacted to uphold the fundamental rights of equality and dignity for Muslim women, which take precedence when a religious practice is found to be arbitrary or discriminatory