image source Wikimedia Commons

After Triple Talaq, Modi govt is all set to oppose Nikah Halala and Polygamy in Supreme Court

After fighting for rights of Muslim Women for abolishing prevalent practice of Triple Talak now Modi Government is all set to approach Supreme Court to fight against the illegal practice of Nikah Halala and Polygamy which is prevalent among the Muslim community. The government is likely to take a similar stand to the one taken during the Triple Talaq proceedings according to top sources in the Ministry of Law and Justice.

Nikah Halala is a cruel practice in which a Muslim women divorced by her husband if intends to get back to her husband will have to get married to another person and consummate the marriage and then divorce him. Only after this practice will she be able to get back to her husband. This is a complete cruel practice which demean the dignity of women. This practice has turned out to be a business for many brothel houses who misuse the hapless women and push them into prostitution. In a desperate attempt to save the marriage, many women get married to a stranger and consummate the marriage. But there is no guarantee that the husband will take her back.

Polygamy is another unethical practice which allows Muslim man to marry 5 ladies at a time which is opposed by many Muslim women saying that it is just a way to exploit women in society and treat them as baby producing machines.

In March this year, a three-judge bench of the Supreme Court comprising CJI Dipak Misra and Justices AM Khanwilkar and Chandrachud was hearing a batch of petitions challenging the practices of polygamy and Nikah Halala. It then issued notice to the Centre and the Ministry of Law and Justice that the matter would be referred to a Constitution Bench.

The petitions were filed by BJP leader Aswini Updahyay, Sameera Begum, Nafeesa Begum and Moullim Mohsin Bin Hussain Bin Abdad Al Kathiri. In the petition, Upadhyay filed that Section 2 of the Muslim Personal Law (Shariat) Application Act be declared unconstitutional and violative of Articles 14, 15 and 21 of the Constitution, “in so far as it seeks to recognise and validate the practice of polygamy and Nikah Halala”.

Upadhyay has sought a declaration that provisions of the Indian Penal Code are applicable on all Indian citizens and triple talaq is a “cruelty” under Section 498A of the IPC, Nikah Halala is “rape” under Section 375 and polygamy is an offence under Section 494 of the IPC.

The petitioners has alleged it’s violation of human rights. While speaking to Republic TV, Ashwini Upadhyay said, “India doesn’t work on the basis of Quran, Bhagwat Gita or Bible. It works as per the Constitution of India. The Article 25 of the constitution states that every citizen has the right to practice their religion but if the rules of the religion hurt the sentiment or destroy the dignity of anyone, it will be quoted as unconstitutional.

The government is firm on its stand for ending the Nikah Halala and Polygamy as it believes for gender equality and non discrimination this should be abolished.The government had also expressed its stand on polygamy and had cited how other countries have regulated their laws on polygamy and divorce. “It is extremely significant to note that a large number of Muslim countries or countries with an overwhelmingly large Muslim population where Islam is the state religion have undertaken reforms in this area and have regulated divorce law and polygamy during the Shayara Bano case.

These two criminal practices must end and Muslim women should get equal rights in society.It is Modi Government which is taking these brave steps to ensure justice and equality for Muslim Women.Salute to Modi Government for it’s efforts!!!


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