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Supreme Court: Rejected Centre’s plea to decide validity of polygamy and nikah-halala

Team SoOLEGAL 15 May 2017 1:03pm

Supreme Court: Rejected Centre’s plea to decide validity of polygamy and nikah-halala

The Constitutional bench of Supreme Court hearing challenges to triple talaq, today rejected Centre’s plea to also decide validity of polygamy and nikah-halala but assured the issues will be kept open and “decided by an appropriate bench at an appropriate time”.

 AG Mukul Rohatgi said all three issues triple talaq, nikah halala and polygamy were interlinked and court should decide on the other two also, on the third day of hearing commencing arguments for the Centre.“All 3 are before the court by virtue of a reference made by a two judge bench and the prayers in the petition before the court” AG Rohatgi said.

Then Chief Justice J S Khehar said:” we have taken a conscious decision that we will look into triple talaq only. We will but keep the issues open. It will decided later”.

Earlier the Central Government had filed two affidavits in the apex court opposing such practices. The government had said there is no motive that women in India should be denied their Constitutional rights’ when “Muslim countries where Islam is the state religion have undergone extensive reform” in this sphere.

The government mention in its affidavit “The fact that Muslim countries where Islam is the state religion have undergone extensive reform goes to establish that the practices in question cannot be regarded as integral to the practice of Islam or essential religious practices. Secularism being a hallmark of Indian democracy, no part of its citizenry ought to be denied access to fundamental rights, much less can any section of a secular society be worse off than its counterparts in theocratic countries, many of which have undergone reform,”.The Centre argued that triple talaq is ‘misplaced’ in a secular country like India.

It is to be noted that opposing petitions of nearly seven aggrieved Muslim women who wanted the SC to scrap the practice, the All-India Muslim Personal Law Board has filed a response saying Constitution does not touch upon the personal laws and therefore the SC cannot examine the question of constitutional validity of the practices of marriage, divorce and maintenance in Muslim personal law.

Taking a progressive stand, the Centre told the highest court in its affidavit that validity of triple talaq and polygamy should be seen in light of gender justice. It said that triple talaq goes against the principle of gender equality, calling it ‘unfair, unreasonable and discriminatory.’



Tagged: Supreme Court   Triple Talaq   Validity of polygamy   Nikah-halala  
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