New Delhi: A fresh petition against 'Nikah Halala' has urged the Supreme Court of India to declare the practice which is prevalent among some Muslims despite being un-Islamic, as rape.
"I have filed a PIL in the Supreme Court to declare Section 2 of the Muslim Personal Law which recognises Polygamy & Nikah Halala as unconstitutional and violation of fundamental rights. I have also requested the top court to declare Nikah Halala as rape under 375 IPC", Advocate Ashwini Upadhyay told news agency ANI.
Section 494 in the Indian Penal Code (IPC) says, whoever, having a husband or wife living, marries then such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Upadhyay has also demanded from the Supreme Court to declare polygamy an offence. "I have also requested the Supreme Court to declare polygamy an offence under 494 IPC and Triple Talaq an offence under 498 IPC", he added.
'Nikah Halala' is when a divorced woman marries someone else, consummate the marriage and then get a divorce in order to re-marry her first husband. It is un-Islamic in clear terms and has no religious sanction. Despite this the practice is prevalent among some Muslims, and according to some reports, under the watchful eyes of clerics. Islam however permits second marriage but with strict conditions.
Upadhyay's PIL comes at a time when a number of similar petitions are pending a decision in different courts. The Supreme Court had recently ruled in favor of banning triple talaq, but reserved verdict on polygamy and nikah halala.
Following the Supreme Court order, Modi government proposed a law criminalising triple talaq with three-year jail term. The proposed law has been passed by the Lok Sabha, but stalled in the Rajya Sabha.
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