Notice to Centre, rights panel on polygamy, nikah halala

New Delhi, August 30

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The Islamic practice of polygamy and ‘nikah halala’ came under judicial scrutiny of a Supreme Court Constitution Bench, which on Tuesday issued notices to the Centre, National Human Rights Commission, National Commission for Women, National Commission for Minorities and others on petitions seeking to declare these unconstitutional.

A five-judge Constitution Bench comprising Justice Indira Banerjee, Justice Hemant Gupta, Justice Surya Kant, Justice MM Sundresh and Justice Sudhanshu Dhulia, that took up nine petitions challenging these alleged discriminatory practices, listed the matter for hearing in the second week of October after Dasehra holidays.

Filed by some Muslim women, NGOs and advocate Ashwini Upadhyay, the petitions challenging the validity of polygamy and nikah halala were referred to a five-judge Constitution Bench in March 2018.

Polygamy allows a Muslim man to have four wives, while under ‘nikah halala’, a Muslim woman wanting to remarry her husband after divorce, is forced to first marry another man, get the marriage consummated and then get divorced by him.

In 2017, the top court had declared the practice of instant triple talaq unconstitutional, saying it went against the basic tenets of the Quran. It had, however, said petitions against polygamy and ‘nikah halala’ would be dealt with separately.