SC no to urgent hearing of plea against polygamy, nikah halala
New Delhi, July 2 : The Supreme Court on Monday refused an urgent hearing of a plea challenging the constitutional validity of the practice of polygamy and nikah halala (a requirement for a divorced couple to remarry) among the Muslim community.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud said the matter would come up for hearing in due course after the Central government files its response.
"The Supreme Court Constitution bench will hear the matter in due course," the bench told petitioner Sameena Begum who urged that the plea be heard on Tuesday, saying she was facing threats to withdraw the plea.
The Central government sought more time to file its response on the pleas which the bench allowed.
Earlier, while issuing notice to the Central government, the court noted the grounds stating that though these practices come within the domain of Muslim personal law, they were not immune from judicial review under the Constitution.
The court has been moved by Sameena Begum, Nafisa Khan, Moullium Mohsin and BJP leader and advocate Ashwini Kumar Upadhyay challenging the practice of polygamy, nikah halala, nikah mutah (temporary marriage in the Shias) and nikah misyar (short-term marriage among Sunnis) on the grounds of these being violative of the Constitution's Articles 14, 15 and 21.
Article 14 guarantees equality before law, Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth and Article 21 guarantees protection of life and personal liberty.
Telling the court that though different religious communities are governed by different personal laws, Upadhyay had contended that "personal laws must meet the test of constitutional validity and constitutional morality in as much as they cannot be violative of Articles 14, 15,21 of the Constitution".
Pointing to the "appalling" affect of polygamy and nikah halala and other practices on the Muslim women, senior counsel Mohan Parasaran had told the court that the 2017 judgment holding instant triple talaq as unconstitutional had left these two issues open and did not address them.
A five-judge constitution bench, headed by Chief Justice J.S. Khehar (since retired), by a majority judgment in 2017 had said: "Keeping in view the factual aspect in the present case, as also the complicated questions that arise for consideration in this case (and, in the other connected cases), at the very outset, it was decided to limit the instant consideration, to 'talaq-e-biddat' - triple talaq.
"Other questions raised in the connected writ petitions, such as polygamy and nikah halala (and other allied matters), would be dealt with separately. The determination of the present controversy may, however, coincidentally render an answer even to the connected issues."
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Karnataka govt directs municipal corps to regulate, prohibit pigeon feeding
Bengaluru (PTI): The Karnataka government has issued directions to municipal corporations across the state to regulate and prohibit feeding pigeons in public places, citing serious public health concerns.
Deputy Secretary to Government V Lakshmikanth has written to the Urban Development Department requesting it to issue directions to the Greater Bengaluru Authority (GBA) and all municipal corporations to take immediate steps to implement the measures.
In an official note dated December 16 issued by the Health and Family Welfare Department and released to the media on Wednesday, the department said uncontrolled feeding of pigeons in public places has resulted in large congregations of birds, excessive droppings and serious health concerns, particularly respiratory illnesses linked to prolonged exposure to pigeon droppings and feathers such as hypersensitivity pneumonitis and other lung diseases.
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"The commissioner, the Greater Bengaluru Authority and the Commissioners and chief officers of other municipal corporations shall take necessary action to mitigate the causes of dangerous disease spread by pigeon and enforce specified guidelines in their respective jurisdiction," the note said.
According to the department, these include a prohibition on feeding pigeons or causing pigeons to be fed in areas where it may cause nuisance or pose a health hazard to the public. Pigeon feeding shall be permitted only in designated areas in a controlled manner, subject to certain conditions.
"The designated areas may be selected in consultation with stakeholders. The responsibility for upkeep of the designated areas and compliance to the directions shall be taken up by some charitable organisation or an NGO. The feeding in designated areas shall be permitted only for some limited hours in the day," it said.
The note further stated that authorised officers of local authorities shall issue on-the-spot warnings and may impose fines for violation of the order, or lodge complaints to prosecute offenders under Sections 271 (Negligent act likely to spread infection of disease dangerous to life) and 272 (Malignant act likely to spread infection of disease dangerous to life) of the Bharatiya Nyaya Sanhita.
It also directed local authorities to conduct public awareness campaigns, including the display of signboards, banners and digital messages, explaining the health hazards associated with pigeon droppings and feathers, the content of the regulatory directions and penalties for violations, and alternative humane methods of bird conservation that do not endanger public health.
