PIL in SC against ‘nikah halala’
THE PETITION alleged that the practices of polygamy and ‘nikah halala’ violate the fundamental rights of Muslim women.
New Delhi, Mar. 5: Months after the Supreme Court struck down ‘triple talaq’, a petition filed in the apex court on Monday sought that the practices of polygamy and ‘nikah halala’ among Muslims be declared “unconstitutional” and violative of the fundamental rights of women.
Nikah halala is a practice intended to curb incidence of divorce under which a man cannot remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced and observing a separation period called Iddat before coming back to him.
The fresh petition alleged that the practices of polygamy and ‘nikah halala’ violate the basic fundamental rights of Muslim women granted under the Constitution.
“Practice of polygamy and nikah-halala is injurious to basic rights guaranteed under Articles 14 (equality before law), 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth), 21 (right to life and personal liberty) and public order, morality and health. Hence, can be superseded by the state just as it prohibited human sacrifice or the practice of ‘Sati’,” the petition filed by Delhi BJP leader and advocate Ashwini Kumar Upadhyay said. The plea said that the ban was the need of the hour.
Both Houses of Parliament failed to transact any business on Monday as vociferous protests by Opposition members on Punjab National Bank (PNB) fraud and even the ruling NDA government’s ally Telugu Desam Party (TDP) seeking special status for Andhra Pradesh, rocked the proceedings, forcing Lok Sabha and Rajya Sabha to be adjourned for the day.
The Lok Sabha was adjourned for the day after noisy protests by Opposition members over the PNB fraud wiped out the possibility of transacting any business.
Prime Minister Narendra Modi was present in Lok Sabha in the morning when the protests by Opposition members and TDP MPs started.
This was the first day the Lok Sabha met after the recess of the Budget session.
As the BJP and its allies captured power in the three North Eastern states, many of the saffron party MPs were seen wearing Assamese ‘gamosa’.
Holding placards, Congress members trooped into the Well raising the issue of Punjab National Bank scam. Trinamul members too were seeking to raise the same matter.
The Rajya Sabha was also adjourned for the day amid uproar by the opposition over the PNB scam.
As soon as the Upper House met at 2 pm after witnessing two quick adjournments of proceedings in the first half of the day, members from opposition parties trooped into the well creating a ruckus over issues ranging from the `12,700 crore alleged fraud by fugitive jeweller Nirav Modi, to constitution of the Cauvery Water Management Board.
Amid slogans by the Opposition like “Nirav Modi wapas lao” (bring back Nirav Modi),
Deputy Chairman P J Kurien who was in the chair stood on his feet and urged members with folded hands to allow proceedings.
However, noisy protests continued.