Plea in SC in opposition to bigamy amongst Muslims: Hostile to public coverage, decency, morality
December 5, 2020 6:29:40 am
The petitioners wondered how the state could make a penal legislation “in any such approach which might create discrimination and identical act could also be punishable for any individual however for others relaxing”.
A gaggle of ladies has moved the Best Courtroom difficult the provisions within the Shariat Act and Indian Penal Code which permit the follow of bigamy within the Muslim group.
The plea filed thru Recommend Vishnu Shankar Jain, mentioned that although there are UN conventions in opposition to bigamy, “in India the irony is that bigamy has been made punishable underneath Segment 494 of IPC matter to applicability of private legislation”. The follow is disallowed via Hindu, Christian and Parsi rules however accredited underneath Segment 2 of the Muslim Private Regulation (Shariat) Utility Act, 1937, the plea mentioned, including this “is adverse to public coverage, decency and morality and is discriminatory throughout the which means of Article 14 of the Charter of India”.
“Subsequently, the supply of Segment 2 of Shariat Act in to this point it protects the bigamous marriages via Muslims is susceptible to be struck down being unconstitutional and void,” the petition prayed.
The plea mentioned Segment 494 of IPC supplies that “whoever, having a husband or spouse residing, marries in the end wherein such marriage is void via explanation why of its happening all through the lifetime of such husband or spouse, will probably be punished with imprisonment of both description for a time period which might lengthen to seven years, and shall even be susceptible to nice”.
Thus “it’s transparent that the offence of bigamy is punishable handiest when the second one marriage is void. It implies that the validity of 2nd marriage is determined by the popularity of such marriage underneath non-public legislation”. The petitioners wondered how the state could make a penal legislation “in any such approach which might create discrimination and identical act could also be punishable for any individual however for others relaxing”.
The plea has been filed via Kashika Sharma from Himachal Pradesh, Usha Sinha from Bihar, Kiran Singh, Suvid Praveen Kanchan and Parul Khera from Uttar Pradesh and the Lucknow-based Jan Udghosh Sansthan.
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