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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CM Siddaramaiah calls for united action against fake news, warns of legal consequences
Mysuru: Karnataka Chief Minister Siddaramaiah has issued a stern warning, stating that the government will take strong legal action against individuals spreading fake news. Speaking at the district journalists' association's Press Day and award ceremony on Saturday, he expressed concern over the growing threat of misinformation, urging society to come together to tackle the issue.
The Chief Minister stressed that while laws have been put in place to penalize those responsible for spreading fake news, legal measures alone are not enough. He stressed on the need for a collective effort to combat the rise of misinformation. "Laws are crucial, but it is the responsibility of society as a whole to reject fake news and ensure that truth prevails," he said.
Citing a personal example, Siddaramaiah recalled an incident during an assembly session where he quoted former CM BS Yediyurappa, who had asked, "Do we have a printing machine to print currency to waive loans?" However, a distorted version of the statement was later circulated on social media, falsely attributing the comment to Siddaramaiah and linking it to the state's guarantee schemes. "This false information not only misled the public but caused harm to me and society as a whole," he remarked.
The CM also highlighted the government's efforts to counter misinformation, announcing the formation of special fact-check units in every district. These units are tasked with identifying and addressing the spread of fake news, with the goal of preserving truth and transparency in public discourse.
"Freedom of expression is a fundamental right granted by our Constitution," Siddaramaiah said, adding that if misinformation threatens the three branches of the Constitution—legislative, executive, and judiciary—society itself will be in danger.
