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A Delhi-based woman has moved the Supreme Court seeking to declare the practices of polygamy and nikah-halala among the Muslim community as “illegal” and “unconstitutional”.
The petitioner, who claimed to be a victim of such practices, contended that Muslim personal law rendered Section 494 of IPC (marrying again during lifetime of husband or wife) inapplicable to Muslims and no married woman from the community can file a complaint against her husband over bigamy.
“This is in blatant contravention of Articles 14 (equality before law), 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 21 (right to life and personal liberty) of the Constitution,” the petition filed through BJP leader and advocate Ashwani Kumar Dubey said.
“The practice of polygamy is neither harmonious with the modern principles of human rights and gender equality, nor an integral part of Islamic faith,” the plea said.
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