Wednesday January 16, 2019
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For Plea Against Polygamy Supreme Court Takes Centre’s Response

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

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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)

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Facebook Violated Cyber Security Law: Vietnam

In November, Vietnam said it wanted half of social media users on domestic social networks by 2020 and plans to prevent "toxic information" on Facebook and Google.

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Facebook, data, vietnam
This photo shows a Facebook app icon on a smartphone in New York. VOA

Facebook has violated Vietnam’s new cybersecurity law by allowing users to post anti-government comments on the platform, state media said on Wednesday, days after the controversial legislation took effect in the communist-ruled country.

Despite economic reforms and increasing openness to social change, Vietnam’s Communist Party retains tight media censorship and does not tolerate dissent.

“Facebook had reportedly not responded to a request to remove fan pages provoking activities against the state,” the official Vietnam News Agency said, citing the Ministry of Information and Communication.

In a statement, a Facebook spokeswoman said, “We have a clear process for governments to report illegal content to us, and we review all these requests against our terms of service and local law.”

Facebook, data, photos, vietnam
A smartphone user displays a Facebook newsfeed .VOA

She did not elaborate.

The ministry said Facebook also allowed personal accounts to upload posts containing “slanderous” content, anti-government sentiment and defamation of individuals and organizations, the agency added.

“This content had been found to seriously violate Vietnam’s Law on cybersecurity” and government regulations on the management, provision and use of internet services, it quoted the ministry as saying.

Global technology companies and rights groups have earlier said the cybersecurity law, which took effect on Jan. 1 and includes requirements for technology firms to set up local offices and store data locally, could undermine development and stifle innovation in Vietnam.

Facebook, India, Fake News, Hate Speech, Russia, digital, vietnam
A Facebook panel is seen during the Cannes Lions International Festival of Creativity, in Cannes, France. VOA

Company officials have privately expressed concerns that the new law could make it easier for the authorities to seize customer data and expose local employees to arrest.

Facebook had refused to provide information on “fraudulent accounts” to Vietnamese security agencies, the agency said in Wednesday’s report.

The information ministry is also considering taxing Facebook for advertising revenue from the platform.

Also Read: Facebook CEO Mark Zuckerberg Gears up For Debates on Public Forums

The report cited a market research company as saying $235 million was spent on advertising on Facebook in Vietnam in 2018, but that Facebook was ignoring its tax obligations there.

In November, Vietnam said it wanted half of social media users on domestic social networks by 2020 and plans to prevent “toxic information” on Facebook and Google. (VOA)