5-judge Bench to hear Nikah Halala case

The Constitutional Bench will hear pleas that are challenging the constitutional validity of polygamy. The same Bench will also be hearing the Nikah Halala issue which is quite important for the rights of the Muslim women.

New Delhi, Jan 23: The primitive tradition of Nikah Halala in Islam has been a major issue that Muslim women are facing. Now, the Supreme Court has taken cognizance of it and is trying to address the issue. In this regard, the apex court has decided to set up a 5-judge Bench to hear the constitutional validity of polygamy and the 'nikah halala' practice among the Muslims as well.

It's pertinent to understand that Nikah Halala is a 'tahleel' marriage. This disgusting practice has been going on under the 'Muslim personal law' privilege. In this kind of marriage, a woman when given triple talaq could get remarried to the same husband only when she married to another man, consummates the marriage and gets divorced.

Nikah Halala is nothing but sheer sexual exploitation of women. However, this is still being practiced and advocated by the regressive elements in Muslim community. Needless to say, the decision from the Supreme Court has come amidst the clamour that the government is working on formulating a Common Civil Code where all Muslim women will receive the protection that are available for Hindu women.

Polygamy in the name of religion

A large segment of Muslim population opposes Common Civil Code as, for them, it is against their right to follow their own faith. However, in a highly civilized society like India where polygamy is prohibited, how long could this be allowed in the name of religion? Looking into the issue and hearing several of the PILs pending before it, the Supreme Court has said that it will set up a 5-judge Constitution Bench to take a final decision on it.

The Bench will hear pleas that are challenging the constitutional validity of polygamy. The same Bench will also be hearing the Nikah Halala issue. The Bench, comprising Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha, took note of the submissions of lawyer Ashwini Upadhyay in this regard.

Adv Upadhyay has been working tirelessly on how the laws in India discriminate based on religion and towards bringing a common civil code. He will also file PILs to expose the double-standards in the Indian laws that treat a Hindu and a Muslim differently for the same crime. In this case too, he is the one who has filed one of the PILs on the issue.

Now, the 5-judge Bench will hear the constitutional validity questioned by the Supreme Court lawyer Upadhyay who in his PIL, has sought a direction to declare polygamy and 'nikah halala' unconstitutional and illegal.