Securing plight of Muslim women, SC gets PIL to ban ‘Polygamy’ and ‘Nikah Halala’

New Delhi, March 5: After initializing and debating over Triple Talaq which is termed as an evil practice and a non-bailable offence, Ashwini Upadhyay, an advocate and BJP Spokesperson in New Delhi has filed a PIL (Public Interest Litigation) in Supreme Court to ban Polygamy and Halala practiced by the Muslim community.

Apart from appealing the SC to ban the cruel practice of Polygamy and Nikah Halala, Ashwini Upadhyay has also asked direction to Law Commission to publish UCC Report in 3 months. Further he also seeks a declaration from the court over the Triple Talaq Bill and terming it as a cruely under Section Section 498A, Halala is Rape under Section 375 & Polygamy is offense under Section 494 of IPC.

Under this regard, he has urged the Supreme Court to issue a writ or order to sustain the appalling effects of Polygamy and Nikah Halal on the basic rights pertained in the Indian Constitution. The Supreme Court has issued a mandamus that declares that

A) Section 2 of the Muslim Personal Law Shariat, which is unconstitutional and violates Article 14, 15 will validate the practice of Polygamy.

B) The Central Governmnet to have the authority to take actions against the Saria Courts which takes decisions pertaining to their marriage, divorce, or any other similar issues.

C) Directs that provisions are made in the Indian Penal Code for all Indian Citizens that Triple Talaq is a cruelty under Section Section 498A, Halala is Rape under Section 375 & Polygamy is offense under Section 494 of IPC

D) Take into consideration the Civic Laws of the different countries particularly France, Japan and China and therefore file a report under Article 44.

What is Polygamy?

Polygamy is basically related to man who marries to more than one woman. Among the Muslims, it is seen that under their Muslim Personal Law, this is common and the men are allowed to do so. Muslim men are allowed to practice polygyny, that is, they can have more than one wife at the same time, up to a total of four.

What is Nikah Halala?

Nikah Halala is basically when a Muslim woman is divorced by her husband and her husband wants to remarry her, then, the woman has to marry someone else and get divorced by her second husband. In that case, there is no blame on either of them if they re-unite, provided they can keep the limits intended.

In this regard, another drive to secure the plights of women and a national interest issue is due to rage out. After the intensifying debate over Triple Talaq which has been passed by the Lok Sabha but detained in the Upper House, this new plea to the SC seems like a silence before the ultimate storm. Hopefully, the Supreme Court takes decision that pertains to women and helps them get out of the vicious circle of men’s world.