Tuesday, July 14, 2020
Home Lead Story For Plea Against Polygamy Supreme Court Takes Centre's Response

For Plea Against Polygamy Supreme Court Takes Centre’s Response

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

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)

STAY CONNECTED

18,985FansLike
362FollowersFollow
1,785FollowersFollow

Most Popular

The 5 Undeniable Reasons for Purchasing HGH

Are you tired of the endless disappointment that comes with trying numerous diet pills and diet programs? Don't worry, and you aren't alone. Most...

This Facebook Robot Walks On Power Lines To Install Fiber-Optic Cable

Facebook has developed an aerial fiber deployment solution that uses a robot to safely deploy a specialized fiber-optic cable on medium-voltage (MV) power lines...

In Conversation With Dr. Chandra Shekhar Mayanil on Yog, Dhyan and Hinduism

Dr. Chandra Shekhar Mayanil is a Neuroscientist who is currently living in Naperville, Illinois. He has a very profound knowledge about yog, dhyan and...

Cloud Kitchens in India: A New Normal

There is a certain distinction in the concept and coinage of the term 'cloud kitchen'; the concept of takeaway or delivery only, without dining,...

Ayushmann Khurrana on How He Chooses Films

Ayushmann Khurrana says he has always opted for films that have no reference point and that he has done so deliberately. Follow us on Instagram to...

Guidelines Issued for Ganeshotsav and Sizes of Ganesh Idols

The Maharashtra government on Saturday issued guidelines restricting the height of Ganesh idols and containing other stringent regulations, for the 11-day Ganeshotsav festival starting...

Hindu Gods to Worship According to Your Rashi

There are many Gods and Goddesses in Hindu Dharma. If you're confused, which God should you worship and why, then here are answers to...

Habits To Teach Your Child in This COVID-19 World

The fight against COVID-19 continues to take place all over the world. With most of us homebound owing to the home-sheltering and social restrictions,...

Recent Comments