Thursday March 21, 2019
Home India Supreme Court...

Supreme Court seeks Centre’s response on plea challenging polygamy, nikah halala

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

0
//
Supreme Court seeks response on plea regarding halala nikkah. Wikimedia Commons

The Supreme Court on Monday sought Centre’s response on a plea challenging the constitutional validity of the practice of polygamy and nikah halala amongst the Muslim community. A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said the matter would be heard by the constitution bench.

1300 applicants after the new rule came in. Wikimedia commons
Plea against halala nikah, SC waits for Center’s response. Wikimedia commons

The court directed that the matter be placed before the Chief Justice for setting up of an appropriate bench. Appearing for one of the petitioners, senior counsel Mohan Parasaran told the court that the 2017 judgement which had held instant triple talaq as unconstitutional had left these two issues open and did not address them.

A Muslim husband is allowed to have more than one wife. Under nikah halala, if a Muslim woman after being divorced by her husband three times at different instances wants to go back to him, then she has to marry another person and then divorce the second husband to get re-married to her first husband. IANS

Next Story

Supreme Court Signals Out Automobiles Cause Much More Pollution Than Burning Firecrackers

Making it clear that it does not want to generate "unemployment", the court said those who would lose their livelihood can't be compensated in terms of alternate jobs, financial or other support if the firecracker industry was shut down.

0
air pollution
Linking the plea for a ban on the manufacture, sale and bursting of firecrackers across the country with Article 19 (1)(g) guaranteeing the right to occupation, trade or business, a bench headed by Justice S.A. Bobde flagged the issue of loss of jobs if there was a clampdown on the firecracker manufacturing industry. Pixabay

The Supreme Court on Tuesday asked why firecrackers were being singled out for rising pollution levels when automobiles caused much more pollution. It asked the Centre to apprise it with a comparative study of the two.

Linking the plea for a ban on the manufacture, sale and bursting of firecrackers across the country with Article 19 (1)(g) guaranteeing the right to occupation, trade or business, a bench headed by Justice S.A. Bobde flagged the issue of loss of jobs if there was a clampdown on the firecracker manufacturing industry.

Article 19 (1)(g) of the Constitution guarantees the right “to practice any profession, or to carry on any occupation, trade or business”.

crackers
Observing how there can be a ban on the firecracker industry whose operations were legal and licensed, Justice Bobde said the way out was not cancelling the license but there could be a change in the licensing conditions.
Pixabay

Sitting along with Justice Sanjay Kishan Kaul and Justice S. Abdul Nazeer, Justice Bobde said the issue had not been examined on the touchstone of Article 19 (1)(g) of the Constitution.

Making it clear that it does not want to generate “unemployment”, the court said those who would lose their livelihood can’t be compensated in terms of alternate jobs, financial or other support if the firecracker industry was shut down.

Observing how there can be a ban on the firecracker industry whose operations were legal and licensed, Justice Bobde said the way out was not cancelling the license but there could be a change in the licensing conditions.

crackers
The Supreme Court on Tuesday asked why firecrackers were being singled out for rising pollution levels when automobiles caused much more pollution. Pixabay

The top court’s observations came in the course of hearing a PIL by a toddler — Arjun Gopal — seeking ban on the manufacture, sale and bursting of firecrackers across the country.

Also Read: Social Media Becomes Major Battleground For Political Parties,Twitter Starts Showing Billing Details Of Political Ads

Noting the work being done by the National Environmental Engineering Research Institute (NEERI) and the Petroleum and Explosives Safety Organisation (PESO) to produce green firecrackers, the top court had in its last order asked NEERI and PESO to stick the timeline culminating in the bulk production of firecrackers based on the new formulations by May 10, 2019.

The top court had in October 2018 permitted the use of only green firecrackers with reduced emission and decibel levels during all religious festivals. (IANS)