In a petition that challenges the Muslim personal law practised such as polygamy and Bilal halala, a Constitution bench comprising of five-judges have impleaded the National Human Rights Commission (NHRC), the National Commission of Women (NCW) and the National Commission of Minorities as parties in a batch of petitions.<\/p>\n\n\n\n
The bench of Justice Indira Banerjee from the Supreme Court has issued notices to the three statutory bodies.<\/p>\n\n\n\n
The decision on the same was taken when an arraignment was sought in the case by the senior advocate Shyam Diwan, for petitioner Ashwini Kumar Upadhyay.<\/p>\n\n\n\n
A notice has also been issued in a separate petition which said that the personal law practices violated Section 494 of the Indian Penal Code which makes marrying again during a lifetime of spouse is punishable offence with imprisonment upto seven years and fine. The court has set to list the matter after the Dussehra holidays.<\/p>\n\n\n\n
Mr. Upadhyay arguments put forward by Updhyayay are that the polygamy and nikah halala (bar against remarriage with divorced husband without an intervening marriage with another man) are unconstitutional.<\/p>\n\n\n\n
He said that section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 is violative of Articles 14, 15 and 21 of the Constitution, as it does not recognise and validate polygamy and nikah halala.<\/p>\n\n\n\n
Mr. Upadhyay further said that to secure basic rights ,public order, a “ban on polygamy and nikah halala has been the need of the hour.<\/p>\n\n\n\n
An application has been filed by the All India Muslim Personal Law contending that this was a \u201ccultural issue\u201d and inextricably interwoven with the religion of Islam.<\/p>\n\n\n\n
It also argued that the personal law does not fall within the definition of \u2018laws\u2019 under Article 13 of the Constitution.<\/p>\n\n\n\n
He further added that the validity of a personal law cannot be challenged on the basis of fundamental rights enshrined in the Constitution.<\/p>\n\n\n\n
The Muslim board firmly believes that the petitions is a push for a judicial pronouncement to bring the Uniform Civil Code.<\/p>\n","protected":false},"excerpt":{"rendered":"
In a petition that challenges the Muslim personal law practised such as polygamy and Bilal halala, a Constitution bench comprising of five-judges have impleaded the National Human Rights Commission (NHRC), the National Commission of Women (NCW) and the National Commission of Minorities as parties in a batch of petitions. The bench of Justice Indira Banerjee […]<\/p>\n","protected":false},"author":2,"featured_media":52148,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_jetpack_memberships_contains_paid_content":false,"jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[246,3,64,2176],"tags":[100935,119688,4143,6855,98122,2454,20232,604],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/d2r2ijn7njrktv.cloudfront.net\/IL\/uploads\/2018\/07\/SC-decides-that-constitution-bench-will-deal-with-the-Polygamy-Nikah-Halala-matter.jpg","_links":{"self":[{"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/posts\/282181"}],"collection":[{"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/comments?post=282181"}],"version-history":[{"count":0,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/posts\/282181\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/media\/52148"}],"wp:attachment":[{"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/media?parent=282181"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/categories?post=282181"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/tags?post=282181"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}