Supreme Court
A Public Interest Litigation (PIL) was filed in the Supreme court on March 5, demanding to declare Nikah Halala and polygamy as "unconstitutional".
After striking down the practice of triple talaq, the Supreme Court on Monday referred a challenge to the practice of polygamy and nikah halala under the Muslim personal law to be heard by a Constitution bench.
A Supreme Court bench, headed by Chief Justice Dipak Misra, considered the submission that the previous five-judge constitution bench had, in its landmark verdict in August a year ago banned instant triple talaq and kept open the issue of polygamy and "nikahhalala" while quashing triple talaq-e-biddat, reports our New Delhi correspondent.
The three-judge bench of Chief Justice Dipak Misra, Justice AM Kanwilkar and Justice DY Chandrachud issued the notices on at least three petitions that were seeking a ban on polygamy and "nikah halala".
The court was hearing a clutch of petitions challenging the practices on the grounds of violating the right to equality, bias against women and gender justice.
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"In view of the different opinions recorded by a majority of 3:2, the practice of "talaq-e-biddat" - triple talaq is set aside", the five-judge constitution bench said in a 395-page order. The court also sought responses from the Law Commission and the Centre. One of the petitioners in this case said that she had been a victim of polygamy.
It was further claimed that the practice of polygamy and nikah halala had no basis in the Quran and had been banned/restricted by various Islamic countries.
"A complete ban on Polygamy and Nikah-Halala has always been need of the hour as it renders Muslim wives extremely insecure, vulnerable and infringes their fundamental rights".
The petition has contended that while the Muslim law allows a man to have multiple wives by way of the temporary marriages or polygamy, same permission is not extended to women.
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