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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
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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.

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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Japan Bans Smoking Inside Public Facilities, Seen By Critics as Pointless

The upper house approved and enacted the bill into law Wednesday after it was approved earlier by the lower house

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The law will be implemented in phases through April 2020. VOA

Japan on Wednesday approved its first national legislation banning smoking inside public facilities, but the watered-down measure excludes many restaurants and bars and is seen by critics as toothless.

The legislation aims to lower secondhand smoking risks ahead of the 2020 Tokyo Olympics amid international calls for a smoke-free event. But ruling party lawmakers with strong ties to the tobacco and restaurant industries opted for a weakened version.

The upper house approved and enacted the bill into law Wednesday after it was approved earlier by the lower house.

Last month, Tokyo separately enacted a stricter ordinance banning smoking at all eateries that have employees, to protect them from secondhand smoke. The ordinance will cover about 84 percent of Tokyo restaurants and bars.

But the law still allows many exceptions and the Tokyo Games may not be fully smoke-free.

Japan often has been called a smokers’ paradise. Until now it has had no binding law controlling secondhand smoke and ranked among the least protected countries by the World Health Organization. That has brought pressure from international Olympic officials.

The new national law bans indoor smoking at schools, hospitals and government offices. Smoking will be allowed at existing small eateries, including those with less than 100 square meters (1,076 square feet) of customer space, which includes more than half of Japanese establishments. Larger and new eateries must limit smoking to designated rooms.

Violators can face fines of up to 300,000 yen ($2,700) for smokers and up to 500,000 yen ($4,500) for facility managers.

The law will be implemented in phases through April 2020.

Japan
The new national law bans indoor smoking at schools, hospitals and government offices. Pixabay

‘Too lenient’

The law allowing smoking at more than half of Japan’s restaurants as exceptions is inadequate, said Hiroyasu Muramatsu, a doctor serving on Tokyo’s anti-smoking committee. “The law is too lenient compared to international standards,” he told Japan’s NHK public television. “We need a full smoking ban.”

The health ministry’s initial draft bill called for stricter measures but faced opposition from lawmakers sympathetic to the restaurant industry. The government also was viewed as opposed to harsher measures because the former monopoly Japan Tobacco is still partly state-owned.

In Japan, almost a fifth of adults still smoke. The rate for men in their 30s to 50s is nearly twice as high, according to a government survey last year.

Also Read: Passive Smoking May Spike up Snoring Risk in Kids

Most office workers now light up only in smoking rooms or outdoors, and cities are gradually imposing limits on outdoor smoking in public areas. But most restaurants and bars in Japan allow smoking, making them the most common public source of secondhand smoke.

“Secondhand smoking has been largely considered an issue of the manners, but it’s not,” Kazuo Hasegawa, 47, a nonsmoker who has developed lung cancer, told NHK. “It’s about health hazards. It harms people. And I don’t want younger generations to have to suffer like me.”

In Japan, about 15,000 people, mainly women and children, die annually as a result of secondhand smoke, according to government and WHO estimates. (VOA)