SC set to hear challenge against Triple Talaq and Polygamy [Read Petition]
Three decades after the famous Shah Bano case, another issue regarding Muslim Personal Law is going to be heard by Supreme Court. If Shah Bano was concerned about her right to get maintenance from her husband, Shayara Bano is concerned about Triple Talaq Divorce and Polygamy, which according to her is illegal and unconstitutional.
Legally India reports that the Supreme Court has issued notice yesterday on a challenge to Muslim concept of Divorce by Triple Talaq. Senior advocate Amit Chadha, briefed by advocates Balaji Srinivasan and Arunava Mukherjee is appearing for Shayara Bano, who is the petitioner. Justices AK Goel and Anil R Dave asked the Union Government, Law Ministry, Minority Affairs Ministry, the National Commission for Woman and Bano’s husband to file a reply.
Late last year, Supreme Court had ordered registration of a PIL to consider gender discrimination suffered by Muslim women owing to “arbitrary divorce and second marriage of their husbands during the currency of their first marriage”. One Muslim organisation had impleaded to that PIL and contended that the Apex court cannot examine the constitutional validity of the practices of marriage, divorce and maintenance in Muslim personal law on the ground that provisions of personal laws cannot be challenged by the reason of fundamental rights. This PIL may be heard together with the present petition by Shayara Bano.
The Relief Shayara Bano is asking for, are the following
- To declare the deed in which her divorce was recorded, as null and void, for being illegal and unconstitutional
- To declare Section 2 of the Muslim Personal Law (Shariat) Application Act 1937 unconstitutional in so far as it seeks to recognise and validate talaq-e-bidat (triple-talaq) as a valid form of divorce, and validate the practice of nikah halala and polygamy
- To declare the Dissolution of Muslim Marriages Act 1939 unconstitutional in so far as it fails to secure protection from bigamy for Indian Muslim women. Bigamy is already illegal in other religions in India
- To declare the practice of talaq-e-bidat (triple-talaq), polygamy and nikah halala as illegal and unconstitutional as it violates the rights guaranteed by the Constitution, including Articles 14, 15, 21 and 25;
- To declare any form of divorce under Muslim personal laws as illegal and unconstitutional if the divorce is not preceded by attempts to reconcile the marriage over three successive tuhrs, or ninety days, or any other period of time this Hon’ble Court deems appropriate.
The Writ petition is numbered as Writ Petition (Civil) 118 of 2016 and is seen posted on 28th March, 2016.
Read the Petition here via Legally India.