Centre likely to oppose polygamy, nikah halala, nikah mutah, nikah misyar
New Delhi, June 29: The Central government is likely to support a PIL challenging the constitutional validity of the practice of polygamy, nikah halala (a requirement for a divorced couple to remarry), nikah mutah (temporary marriage in the Shias) and nikah misyar (short-term marriage among Sunnis) among the Muslim community.
The government, which has already taken a strong position against the practice of triple talaq, nikah halala and polygamy on the touchstone of their constitutionality in the Shayara Bano case, is likely to reiterate it when the matter comes up for hearing before the constitution bench, said informed sources.
The Supreme Court on March 26 sought the Central government's response on the plea.
Noting the importance of the issue, the top court had said the matter would be heard by a Constitution bench.
It is a matter of common understanding that when the government opposed instant triple talaq on the grounds of gender equality and justice, it will oppose nikah halala and polygamy on the same grounds, said a source in the Union Law Ministry.
Lawyer Madhavi Divan, who presented the government's stand during the hearing of challenge to instant triple talaq, said that in the Shayara Bano case "the Centre has already taken a strong stand on affidavit" on the issue of triple talaq, nikah halala and polygamy.
The Central government in an affidavit filed in April 2017 described triple talaq, nikah halala and polygamy as "patriarchal values and traditional notions about the role of women in society" that were an impediment to the goal of achieving social democracy.
"The conferment of a social status based on patriarchal values or one that is at the mercy of men-folk is incompatible with the letter and spirit of Articles 14 and 15 of the Constitution," the government had said.
"The right of a woman to human dignity, social esteem and self worth are vital facets of her right to life under Article 21 of the Constitution."
Contending that the practice of triple talaq, nikah halala and polygamy were not protected by Article 25(1) guaranteeing right to profess, practice and propagate religion, the government in 2017 said that the "fundamental question (is)... whether in a secular democracy, religion can be a reason to deny equal status and dignity, available to women under the Constitution."
When the government filed the affidavit, the challenge was to triple talaq, nikah halala and polygamy but when the matter was taken up for hearing by the Constitution bench, headed by then Chief Justice Jagdish Singh Khehar, the issue was narrowed down to the constitutional validity of instant triple talaq only.
The top court by a majority 3-2 verdict on August 22, 2017 held that triple talaq being practised by the Muslim community was "unconstitutional", "arbitrary" and "not part of Islamic faith".
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Udupi: Two men from Belthangady awarded life imprisonment for attempt to murder a woman in 2022
Udupi: Two men from Belthangady have been sentenced to life imprisonment by a court in Udupi for attempting to murder a woman in Manchikumeri in 2022.
The sentenced men, Mithun and Nagesh Poojary, are learned to have attempted to murder Sumathi, wife of Ramanath Rai, a resident of Manchikumeri, who had a Nandini Milk Parlour at Tiger Circle, Manipal.
On February 18, 2022, Sumathi was reportedly alone at home when, at around 7 pm, Mithun, learned to be her nephew, and his friend Poojary came to the house. As Sumathi opened the door, the duo barged in and tried to strangulate her with an intention of murdering her. Sumathi reportedly lost consciousness under the attack.
The men packed her body in a sack and were then putting the sack into a suitcase to carry the body out, when they noticed that Rai and neighbours had arrived. They are learned to have opened the door when Rai knocked the door and then tried to escape. They were, however, caught by the neighbours and handed over to the police.
Further, Sumathi was found by the group in an unconscious state inside the suitcase in the house. She was rushed to the Manipal Hospital and learned to have recovered after a week of medical treatment.
A case had been registered at the Manipal Police Station.
The Udupi Principal District and Sessions Court judge Kiran S Gangannavar, who heard the case, has declared both Mithun and Poojary guilty in the case. He has awarded them life imprisonment, fined them Rs 20,000 each and, under Column 325, sentenced them to rigorous imprisonment of 5 years and fined them Rs 5,000 each.
Judge Gangannavar has directed that, of the fine, Rs 45,000 be handed to the attack victim Sumathi as relief.
Jayarama Shetty represented the government as Public Prosecutor.
