The Supreme Court has requested a response from the central government regarding a petition that seeks to declare the practice of polygamy among Muslims unconstitutional, citing violations of constitutional provisions. The bench, comprising Chief Justice Suryakant and Justices Joymalya Bagchi and V. Mohan, issued a notice to the government in response to the petition filed by women's rights activists Zakia Soman, Noorjahan Safia Niaz, and others. This petition has been linked with other pending cases.
The petition calls for the enforcement of Section 82 of the Indian Penal Code (IPC), which proposes equal punishment for polygamy by removing any exemptions provided under 'Muslim Personal Law.' It urges the government to take legal measures to abolish polygamy and ensure that it is deemed 'invalid from the outset' for all citizens, regardless of their religion. Additionally, the petition requests various directives to protect the legal rights of Muslim women, including mandatory registration of all Muslim marriages and divorces to prevent clandestine unions.
Furthermore, the petition seeks immediate rights for the first wife and children to reside in the husband's household, along with expedited arrangements for alimony in cases of polygamy. It states, 'This writ petition has been filed in the public interest under Article 32 of the Constitution to protect the fundamental rights of Muslim women.'
Filed through lawyer Shreya Maini, the petition challenges the constitutional validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which recognizes and legitimizes the practice of polygamy.
This creates a legal situation where Muslim women do not receive the same legal protection against their husbands' second marriages under Section 82 of the IPC, which is available to all other citizens. The petition argues that polygamy is inherently discriminatory and violates Articles 14, 15, and 21 of the Constitution. It states, 'While Section 82 of the IPC penalizes second marriages for all Indian citizens, Muslim men are exempt from the same act on religious grounds, leading to inequality in the enforcement of law.'
The petitioners contend that religious freedom under Article 25 is subject to constitutional morality, which prioritizes gender justice over patriarchal customs. They assert that the recognition of polygamy under Section 2 of the Muslim Personal Law (Shariat) Act, 1937, causes significant harm to women and children in India, promotes conversion, and affects social morality.
The petitioners argue that polygamy is not a mandatory religious practice in Islam but rather a permitted arrangement based on the condition of 'full justice.' They emphasize that the Quran itself does not consider such full justice to be humanly possible. The petitioners also highlight that several Muslim-majority countries, such as Tunisia and Turkey, have already abolished the practice of polygamy.
They request the declaration of provisions legitimizing polygamy as unconstitutional and call for the equal application of laws related to second marriages to ensure gender justice and dignity for all citizens. The petition states, 'The directive principles of state policy, particularly Article 44 of the Constitution, provide for the establishment of a Uniform Civil Code (UCC) to ensure equality and coordination among all citizens' laws. The practice of polygamy clearly undermines this objective.'
-
Is it right or wrong to date a co-worker at work? A dating coach explains the pros and cons.
-
Is it right or wrong to date a co-worker at work? A dating coach explains the pros and cons.
-
Performing Shiva puja with packet milk! Aren’t you bringing bad luck to the family? What does the scripture say?
-
Excited about buying cheap silver? It may be poisonous! Test the quality of silver at home
-
Instead of the traditional khichuri and fried eggs for dinner on a rainy night, try a delicious soup, here are 5 easy recipes
