Tuesday December 10, 2019
Home Lead Story For Plea Agai...

For Plea Against Polygamy Supreme Court Takes Centre’s Response

personal laws must meet the test of constitutional validity and constitutional morality

0
//
The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India.
The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India. Flickr

The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud issued the notice to the Centre and tagged the plea with similar petitions pending before it.

The fresh plea filed by Women Resistance Committee Chairperson Nazia Ilahi Khan, a practicing advocate at the Calcutta High Court, has challenged the practice of polygamy, ‘nikah halala’, ‘nikah mutah’ (temporary marriage among Shias) and ‘nikah misyar’ (short-term marriage among Sunnis) on the grounds that these were violative of the Constitution’s Articles 14, 15 and 21.

Under ‘nikah halala’, if a Muslim woman after divorce by her husband three times on different instances, wants to go back to him, she has to marry another person and then divorce the second husband to get re-married to her first husband.

“Declare the dissolution of the Muslim Marriages Act, 1939 unconstitutional and violative of Articles 14, 15, 21 and 25 of the Constitution in so far as it fails to secure for the Indian Muslim women the protection from bigamy which has been statutorily secured for Indian women from other religions,” said her plea filed through advocate V.K. Biju.

The apex court has been hearing pleas filed by Sameena Begum, Nafisa Khan, Moullium Mohsin and BJP leader and advocate Ashwini Kumar Upadhyay on the issue.

Article 14 guarantees equality before law, Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth and Article 21 guarantees protection of life and personal liberty.

Telling the court that though different religious communities are governed by different personal laws, Upadhyay had contended that “personal laws must meet the test of constitutional validity and constitutional morality in as much as they cannot be violative of Articles 14, 15, and 21”.

Pointing to the “appalling” affect of polygamy and other such practices on the Muslim women, senior counsel Mohan Parasaran had earlier told the apex court that the 2017 judgment holding instant ‘triple talaq’ as unconstitutional had left these two issues open and did not address them.

Polygamy, Man along with his 5 wives
Polygamy, Man along with his 5 wives. Flickr

A five-judge Constitution Bench headed by then Chief Justice J.S. Khehar (since retired), by a majority judgment in 2017, had said: “Keeping in view the factual aspect in the present case, as also the complicated questions that arise for consideration in this case (and, in the other connected cases), at the very outset, it was decided to limit the instant consideration to ‘talaq-e-biddat’ or triple talaq.

Also read: Goa Common Civil Code forbids neither Oral Divorce nor Polygamy among Muslims: Governor

“Other questions raised in the connected writ petitions, such as polygamy and ‘nikah halala’ (and other allied matters), would be dealt with separately. The determination of the present controversy may, however, coincidentally render an answer even to the connected issues.” (IANS)

Next Story

Indian Parliament Imposes Ban on E-Cigarettes

Moving the Bill, Harsh Vardhan clarified that e-cigarettes are not tobacco products

0
E-Cigarettes
E-cigarettes are electronic devices which can enable the delivery of all intoxicating substances. Predominantly, they are used for nicotine delivery, which is one of the most addictive elements known. Pixabay

Paving the way for a complete ban on E-Cigarettes, the Rajya Sabha on Monday passed the Prohibition of E-Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Bill, 2019, by voice vote.

The Bill has already been passed by the Lok Sabha for replacing the ordinance promulgated last September.

Replying to members on the Bill, Union Health Minister Harsh Vardhan urged them to pass the legislation unanimously in the larger interest of the children.

“There is evidence now that e-cigarettes are very harmful. They can become a bigger menace than tobacco one day. So, the intention of the government has been to nip the problem in the bud itself,” the minister said.

While most members in the House supported the ban on e-cigarettes, some of the MPs wanted to know why conventional cigarettes aren’t banned as they are equally or even more harmful.

Many opposition members also expressed reservation over bringing the ordinance and introducing the Bill without sending the same to a Parliamentary Standing Committee.

On why all tobacco products are not being banned, Harsh Vardhan said that he would be the happiest person if that happens.

“You see, in a country as vast as India, once a particular product has a very big consumer base and social acceptance, it is in fact very, very difficult to ban it,” the minister said.

On the reasons for bringing the ordinance, the minister said that apart from other things, some of the big tobacco companies changed their names and started making plans to enter India.

E-Cigarettes
Paving the way for a complete ban on E-Cigarettes, the Rajya Sabha on Monday passed the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Bill, 2019, by voice vote. Wikimedia Commons

“They had made full preparations. There was an announced entry of a company called Juul, one of the leading global manufacturers of e-cigarettes, in December 2019. It was probably one of the most imminent concerns that worried all of us,” he said.

Participating in the discussions, Trinamool Congress leader Santanu Sen argued for banning all tobacco products as all of them were harmful to human health.

“Of course, by this Bill we are preventing a person from committing suicide by jumping from the fifth floor, but we are also keeping the more affordable and accessible 10th floor wide open to jump from,” Sen said to highlight the serious health concerns posed by conventional cigarettes.

The Rajya Sabha MP, also national president of Indian Medical Association, noted that a normal cigarette constitutes 700 chemicals out of which 250 are very much harmful. Further, out of this 250 chemicals, 60 cause cancer while all of them are carcinogenic.

“Smoking increases coronary heart disease by 2 to 4 times. It increases stroke by 2 to 4 times. It increases lung cancer by 25 times and it increases the probability of COPDA (Chronic Obstructive Pulmonary Disease) by 13 times,” the Trinamool leader said.

Congress MP B.K. Hariprasad said that he did not support e-cigarettes but opposed the way the Bill had been brought. He also suspected the intention of the government behind bringing the ordinance and subsequently the Bill hurriedly.

“People are smelling a rat in the way this Bill has been brought hastily,” Hariprasad said while making a case for banning all tobacco products as all of them were equally harmful.

He said the government should not succumb to tobacco lobbyists.

Senior CPI leader Binoy Viswam also raised questions around the manner in which the bill had been introduced as no survey or study was carried out before bringing the legislation.

Replying to members on the Bill, Harsh Vardhan said that all his life he had fought against tobacco lobbyists and therefore members should not have any suspicion on his intention.

Congress MP Rajeev Gowda said that the ban has to be a last resort rather than the first resort which is what has been the practice in this particular context.

“A ban or prohibition, as we have seen everywhere, results in underground activities. It results in criminalisation of the society. It results in the creation of a mafia that deals with the underground activity,” Gowda said while participating in the discussions on the bill.

E-cigarettes are electronic devices which can enable the delivery of all intoxicating substances. Predominantly, they are used for nicotine delivery, which is one of the most addictive elements known. This also includes all forms of electronic nicotine as well as non-nicotine delivery devices such as e-hookahs and heat-not-burn products.

Moving the Bill, Harsh Vardhan clarified that e-cigarettes are not tobacco products.

“Any comparison about their adverse health impacts with tobacco is misplaced. There is also no conclusive evidence to suggest that e-cigarettes are less harmful than conventional cigarettes. On the other hand, there is definitely an emerging evidence all over the world that e-cigarettes have significantly harmful effects on health,” the minister said.

E-Cigarettes
The Rajya Sabha MP, also national president of Indian Medical Association, noted that Apart From E-Cigarettes, a normal cigarette constitutes 700 chemicals out of which 250 are very much harmful. Further, out of this 250 chemicals, 60 cause cancer while all of them are carcinogenic. Pixabay

Highlighting the harmful effects of nicotine delivered by e-cigarettes, the minister said that nicotine sulfate was once approved to be used as a pesticide by the agriculture department.

“Recently, even that approval has been withdrawn considering its toxicity. Therefore, it is a chemical that is not even fit to be used as a pesticide. That is the latest about nicotine.

ALSO READ: Facebook Unveils New Feature That Lets Users Directly Transfer Images to Google Photos

“It is the most addictive substance currently known in the world and is even more addictive than heroin. There is currently no known treatment for nicotine-addiction anywhere in the world,” Harsh Vardhan said. (IANS)