PIL filed to declare Nikah Halala, polygamy as ‘unconstitutional’

New Delhi : A Public Interest Litigation (PIL) was filed on Monday in the Supreme Court demanding to declare Nikah Halala and polygamy as ‘unconstitutional’.

The PIL, filed by lawyer Ashwini Upadhyay, has also urged the apex court to declare both the practices as violation of fundamental rights.

 

Upadhyay said, “I have filed a PIL to declare Section 2 of Muslim Personal Act, which recognises polygamy and Nikah Halala, as ‘unconstitutional and violation of fundamental rights’.”

Further, the PIL also urged the top court to declare ‘Nikah Halala’ as rape



under section 375 of the Indian Penal Code (IPC) and declare polygamy an offence under section of 494 of the IPC and also triple talaq, an offence under section 498 of the IPC.

“I have also requested the SC to declare Nikah Halala as rape under section 375 of the IPC, polygamy an offence under section 494 of the IPC and triple talaq an offence under section 498 of the IPC,” Upadhyay said.

The practice of ‘Nikah Halala’ requires the divorced woman to marry someone else, consummate the marriage and then get a divorce in order to again marry her first husband under the Muslim personal law