On Friday, Supreme Court sought views of Centre on a petition filed by a Muslim woman from West Bengal to declare Talaq-e-Bidat (Triple Talaq), Polygamy & Nikah Hilala under Muslim Law as unconstitutional.
Nikah Halala means-“A Wife Must Have Sex with Another Man Before She Can Remarry Her Husband.”
Three Judge Bench comprising of CJI Teerth Singh Thakur, Justice A.M. Khanwilkar & Justice D.Y. Chandrachud tagged the petition filed by Ishrat Jahan of Howrah with petition filed by other Muslim women, SC’s own suo moto PIL & rights organization to consider whether these practices amount to a gender discrimination.
In the petition, Ms. Jahan, who is represented by V.K. Biju, advocate, contended that personal law, who recognize & validates these practices were void & unconstitutional.
T.S. Thakur made a remark that “Muslim man is allowed to have four wives and even without Talaq.”
Mr. Biju argued that “Constitution doesn’t grant absolute protection to personal law that is arbitrary or unconstitutional, nor are the personal law are exempted from jurisdiction of legislature or Judiciary.”