New Delhi: The Supreme Court on Monday sought the Central government’s response on a plea challenging the constitutional validity of the practice of polygamy, nikah halala amongst the Muslim community. A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud, while issuing notice to the Centre and the National Commission for Women, also ordered tagging of the petition with other similar pleas which have already been referred to a five-judge constitution bench for further hearing.
The order came on a separate petition, filed by Lucknow resident Naish Hasan. The BJP leader and advocate Ashwini Kumar Upadhyay, Senior lawyer V K Shukla representing Hasan said similar pleas have already been admitted for hearing by a five-judge constitution bench.
“Declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, unconstitutional and violative of Articles 14(Equality before law), 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 21 (Protection of life and personal liberty) of the Constitution, insofar as it seeks to recognise and validate the practice of Polygamy, Nikah Halala, Nikah Mutah and Nikah Misyar,” the plea said.
Article 14 guarantees equality before law, Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth and Article 21 guarantees protection of life and personal liberty.
Siasat Web Team