SC seeks Centre’s response on plea against polygamy

New Delhi, July 4 (IANS) 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.

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.

“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.”

Law is same for Darshan and everyone else, K’taka Home Minister in fan’s murder case

Bengaluru: Commenting on the murder of a fan, allegedly by Kannada superstar Darshan and his associates, Karnataka Home Minister, Dr G Parameshwara, stated on Wednesday that the law was the...

Reel hero turns real life villain: Kannada superstar Darshan arrested in fan’s murder case

Bengaluru: Karnataka Police arrested Kannada superstar Darshan on Tuesday in connection with the alleged murder of 33-year-old Renukaswamy, a resident of Chitradurga, by the actor and his associates. The probe...

Stabbed BJP workers were shouting slogans during victory procession in front of mosque: K’taka Police

Dakshina Kannada (Karnataka): The communally sensitive coastal district of Dakshina Kannada is tense on Monday following the stabbing of two BJP workers during the celebration of the BJP-led NDA government...

Vishvendra Singh lodges FIR accusing wife, son of stealing jewellery of Bharatpur royals from his locker

Jaipur: The ongoing family dispute between former Rajasthan minister Vishvendra Singh, has taken a bitter turn as he reportedly filed a theft case against his wife Divya Singh and his...

K’taka: Cleric repeatedly rapes ‘possessed’ minor, gets her brother to sexually assault her too

Chitradurga (Karnataka): Karnataka Police arrested a cleric in Chitradurga on Monday, on charges of repeatedly raping a minor girl on the pretext of getting her rid of being possessed by...

Gold smuggling: DRI suspects involvement of more AI Express crew members

Thiruvananthapuram: After arresting two cabin crew members of Air India Express for allegedly smuggling gold, the Directorate of Revenue Intelligence (DRI) has intensified the probe suspecting role of more crew...

Sex videos probe: JD(S) MP Prajwal Revanna refuses to cooperate; SIT hunts for key mobile

Bengaluru: The Special Investigation Team (SIT) is making every effort to recover the mobile phone allegedly used by arrested JD(S) MP and prime accused in the sex videos case, Prajwal...

Sex videos case: JD(S) MP Prajwal Revanna’s arrest warrant issued, says K’taka HM

Bengaluru: Karnataka Home Minister Dr. G Parameshwara stated on Wednesday that the warrant for JD(S) MP Prajwal Revanna’s arrest had been issued. The fugitive MP who is former Prime Minister,...

Sex scandal: SIT to decide on arrest of JD(S) MP Prajwal upon arrival, says K’taka HM

Bengaluru: Karnataka Home Minister, Dr G Parameshwara stated on Tuesday that the decision to arrest JD(S) MP and prime accused in the sex video case, Prajwal Revanna, at the airport...

Complainant in POCSO case against ex-CM Yediyurappa dies in Bengaluru

Bengaluru: The complainant, who had filed the POCSO case against former Chief Minister and BJP Central Parliamentary Committee Member B.S. Yediyurappa has died, police said on Monday. Police sources said...

318 arrested in West Bengal for violence amid 6th phase of polling

Kolkata: A total of 318 persons were arrested throughout West Bengal on Saturday for involvement in poll-related violence and tension during the sixth phase of voting for eight Lok Sabha...

Prajwal Revanna’s family knows everything about him: K’taka CM Siddaramaiah

Mysuru, (Karnataka): Karnataka Chief Minister Siddaramaiah stated on Friday that the family of fugitive JD(S) MP and prime accused in the sex videos case, Prajwal Revanna, knows everything about him....

Read Previous

Naik won’t return to India unless assured fair trial

Read Next

Tharoor gets anticipatory bail in Sunanda Pushkar death case

Leave a Reply

Your email address will not be published.

WP2Social Auto Publish Powered By : XYZScripts.com