Govt to support PIL on Niqah-Halala, Mutah and polygamy

New Delhi, June 29: To oppose the practices of Nikah Halala and polygamy BJP leader and leading lawyer Ashwini Upadhyay has filed a PIL in the Supreme Court and the Indian govt is likely to adopt a stand similar to the one taken during the triple talaq proceedings. The petitions were filed by BJP leader Aswini Updahyay, Sameera Begum, Nafeesa Begum and Moullim Mohsin Bin Hussain Bin Abdad Al Kathiri.

Another lawyer Prashant P Umrao, the lawyer who led the crusade against 20 AAP MLAs in the #OfficeOfProfit case, has confirmed this through his twitter. Umrao has tweeted, "Govt to support PIL of @AshwiniBJP on Niqah-Halala, Mutah & polygamy & will oppose these inhuman practices at Supreme Court.".


Upadhyay has also tweet that India is a Secular Country and Polygamy Halala Mutah Misyar & Sharia Courts are not only against Articles 14, 15 & 21 of the Constitution but also against Gender Justice Gender Equality & Dignity of Women.



In his petition, Upadhyay prayed that Section 2 of the Muslim Personal Law (Shariat) Application Act be declared unconstitutional and violative of Articles 14, 15 and 21 of the Constitution, “in so far as it seeks to recognise and validate the practice of polygamy and Nikah Halala”.

Seeking a declaration that provisions of the Indian Penal Code are applicable on all Indian citizens and triple talaq is a “cruelty” under Section 498A of the IPC, Nikah Halala is “rape” under Section 375 and polygamy is an offence under Section 494 of the IPC.

The government would submit its reply after the Supreme Court re-opens and is likely to maintain that the “issue of the validity of triple talaq, Nikah Halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality”.

In March this year, a three-judge bench of the Supreme Court comprising CJI Dipak Misra and Justices AM Khanwilkar and Chandrachud was hearing a batch of petitions challenging the practices of polygamy and Nikah Halala.

“Nothing is likely to change. The issues of Halala and polygamy were not looked into by the Supreme Court during the triple talaq case, but our reply was ready. The same would be maintained for this case too,” said a source.

Then Chief Justice of India JS Khehar, while hearing the triple talaq case in May 2016, had categorically stated on the first day that the court would only hear arguments on triple talaq and not on Halala and polygamy.