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Bigamy cannot be allowed for Muslims alone: Plea in Supreme Court challenges Section-494,IPC, Section-2 of Shariat Application Act

Team SoOLEGAL 10 Dec 2020 4:37pm

Bigamy cannot be allowed for Muslims alone: Plea in Supreme Court challenges Section-494,IPC, Section-2 of Shariat Application Act

A petition was filed by five individuals through Advocate Vishnu Shankar Jain, in the Supreme Court of India, where the petitioners had requested to strike down Section 494 of Indian Penal Code, 1860 and Section 2 of Muslim Personal Law (Shariat) Application Act, 1937, because both these section allows a Muslim man to take more than one wife.

According to Section 494 of Indian Penal Code, if a person of Hindu, Christian or Parsi completes a second marriage, then that person is liable to get punished but at the same time if a Muslim man gets married for second time without getting any divorce from his first wife then that man will not be liable for any punishment.

Hence Section 494 of Indian Penal Code, 1860, is discriminatory on the basis of religion and as a result it is also violative of Article 14 and 15(1) of the Constitution of India.

Section 494 of Indian Penal Code, 1860, clearly states that ‘Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of it taking place during the life of such husband or wife shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine’.

It was also submitted that, the practice followed by a religious community cannot be a justification for removing such an individual from the jurisdiction of criminal proceedings which are otherwise punishable by others. 



Tagged: Shariat Application Act   Supreme Court   Advocate Vishnu Shankar Jain   Indian Penal Code   Muslim Personal Law   Constitution of India  
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