SC to examine polygamy in Muslim marriage

SC to examine polygamy in Muslim marriage

What has happened?

Seven months after it declared instant triple talaq unconstitutional, the Supreme Court on Monday decided to look into the constitutional validity of the prevalent practices of polygamy, ‘nikah halala’, ‘nikah mutah’ and ‘nikah misyar’ in the Muslim community.

Petitions challenging the practices

A Bench, headed by CJI issued notices to the Centre and the Law Ministry on a bunch of petitions that have challenged the practices claiming they degrade women to a position inferior to that of men

Offensive to equality

It offends the core ideal of equality of status

Section 494 of IPC rendered useless

The prevalent Muslim Personal Law rendered Section 494 of IPC (which prescribes punishment for marrying again during lifetime of husband or wife) as inapplicable.

No Avenues for a woman to complain against her husband

Muslim wife does not have avenue to complain against her husband for the offence of bigamy

Constitution bench to be set up

The Bench, agreed to set up a five-judge Constitution Bench that will decide whether certain sections of the Muslim Personal Law (Shariat) Application Act go against the Constitution