Saturday July 21, 2018
Home India Supreme Court...

Supreme Court to examine validity of Muslim triple talaaq system, polygamy

0
//
126
Republish
Reprint

New Delhi: Noting that Muslim women are at a disadvantage under the Muslim Personal Law with no safeguard against arbitrary divorce and polygamy, a Supreme Court bench has urged the Chief Justice of India to constitute an “appropriate bench” to examine the validity of such practices saying that it amounts to the violation of women’s fundamental rights.

According to reports, the Apex court is set to thoroughly analyze the Muslim Personal Law and is considering a ban on Polygamy and Triple Talaaq system in a bid to end the alleged gender bias.

A bench of Justices Anil R Dave and A K Goel ordered registration of a Public Interest Litigation and for putting it up before the new bench to deal with the issues related to the challenge to the Muslim Women (Protection of Rights on Divorce) Act.

The bench noted the issue was not merely a policy matter but “concerns the fundamental rights of the women guaranteed under the Constitution.”

The issue cropped up during the hearing of a matter related to Hindu Succession (Amendment) Act and the bench noted that “an important issue of gender discrimination which though not directly involved in this appeal has been raised by some of the counsel for the parties which concerns rights to Muslim women. Discussions on gender discrimination led to this issue also.”

“It was pointed out that in spite of guarantee of the Constitution, Muslim women are subjected to discrimination… There is no safeguard against arbitrary divorce and second marriage by her husband during the currency of the first marriage, resulting in a denial of dignity and security to her,” it noted.

“For this purpose, a PIL be separately registered and put up before the appropriate Bench as per orders of the Chief Justice of India.

“Notice be issued to learned Attorney General and National Legal Services Authority, returnable on November 23, 2015. We give liberty to counsel already appearing in this matter to assist the Court on this aspect of the matter, if they wish to volunteer, for either view point,” the court said.

Click here for reuse options!
Copyright 2015 NewsGram

Next Story

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)