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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Hasina's son claims Yunus govt weaponising judiciary for carrying out “political witch hunt”
Washington (PTI): Sanjeeb Wazed, son of deposed Bangladesh prime minister Sheikh Hasina, has accused the Muhammad Yunus led interim government of “weaponising the judiciary” for carrying out a “political witch hunt” against the Awami League leadership.
Wazed's allegations, as a long post on X, came two days after the interim government on Monday said it has sent a diplomatic note to New Delhi seeking Hasina's extradition from India.
Hasina, 77, has been living in India since August 5 when she fled Bangladesh following a massive student-led protest that toppled her Awami League's (AL) 16-year regime.
Bangladesh's International Crimes Tribunal (ICT) has issued arrest warrants for Hasina and several former Cabinet ministers, advisers, and military and civil officials for “crimes against humanity and genocide.”
“The judges and prosecutors appointed by unelected Yunus led regime to conduct farcical trial process through International Crimes Tribunal makes it a political witch hunt that forsakes justice and marks another ongoing onslaught to persecute Awami League leadership,” Wazed said in his post on Tuesday.
An IT entrepreneur, Wazed is based in the US and has been an ICT adviser in Hasina's government.
“The kangaroo tribunal and subsequent request for extradition comes while hundreds of leaders and activists are extrajudicially killed, framing of outrageous murder charges, illegal incarceration of thousands by law enforcement and violent attacks including looting vandalism and arson going on with impunity everyday fuelled by denial of the regime,” he added.
On Monday, India confirmed receiving the 'note verbale' or diplomatic communication from the Bangladesh high commission in New Delhi but refrained from commenting on it.
Under the provisions of the India-Bangladesh extradition treaty, extradition may be refused if the offence is one of a “political character.”
Bangladesh's de facto foreign minister Touhid Hossain said Dhaka wants Hasina back to face the judicial process.
Wazed further accused that the chief prosecutor of ICT Tribunal Tajul Islam appointed by Yunus regime on December 22, despite proven records of defending war criminals, “reportedly spread deliberate disinformation campaign” against Hasina by claiming that Interpol issued red notice against her, and termed it as “a desperate bid to extradite her and hold farcical trial to serve the interest of Dr Yunus.”
“But the very prosecutor later altered his statement following media exposure of the outright lie and now officially sent a request to India for the extradition,” Hasina's son said.
“We reiterate our position that every single incident of human rights violation between July and August needs to be investigated in a free and fair manner but the Yunus led regime weaponised the judiciary, and we express no confidence in the justice system,” he alleged.
Last month, in an address to the nation on the completion of 100 days of the interim government, Yunus said Bangladesh will seek Hasina's extradition. “We must ensure justice in every killing… We will also ask India to send back fallen autocrat Sheikh Hasina,” he had said then.
Yunus, who assumed office on August 8, claimed that about 1,500 people, including students and workers, were killed while 19,931 others were wounded during the protest against the Hasina government.
India has expressed concern as there have been a spate of attacks on minorities including on the Hindu community in Bangladesh in the last few months.
In recent weeks, Hasina has accused the Yunus-led interim government of perpetrating “genocide” and failing to protect minorities, especially Hindus, since her ouster.
Foreign Secretary Vikram Misri visited Dhaka two weeks back during which he conveyed to the Bangladeshi side India's concerns, especially those related to the safety and welfare of minorities.
