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Home / News / India News / SC agrees to urgent listing of pleas against nikah halala
India

SC agrees to urgent listing of pleas against nikah halala

SC agrees to urgent listing of pleas against nikah halala
Written by Shiladitya Ray
Jul 02, 2018, 08:36 pm 2 min read
SC agrees to urgent listing of pleas against nikah halala

Just days after a PIL was filed in the Supreme Court, seeking to challenge the practice of nikah halala, the apex court, on Monday, agreed to the urgent listing of pleas against it. The decision came after lawyer and BJP leader Ashwini Upadhyay, representing petitioner Sameena Begum, alleged that she had been threatened and asked to withdraw the petition against the practice.

Information
Petition highlights conflict between MPL and IPC Section 494

The petition alleged that by virtue of Muslim Personal Law, IPC Section 494, which addresses the issue of marrying again during the lifetime of husband or wife, was rendered inapplicable to Muslims, thereby preventing Muslim women from filing complaints against their husbands for bigamy/polygamy.

Details
Details of what went down in the Supreme Court

On Monday, a bench comprising CJI Dipak Misra, and justices DY Chandrachud and AM Khanwilkar considered the submissions of senior advocate V Shekhar that the petitions against the practice be listed before a five-judge constitution bench for final adjudication. The bench also allowed additional solicitor general Tushar Mehta, representing the Centre, to file a response to the petitions against the practice.

Nikah halala
But, what is nikah halala?

Nikah Halala is a controversial practice that forbids a divorced woman from re-marrying her first husband until she marries another man and consummates the marriage. Activists, who are against nikah halala, have argued this leads to trafficking and women are forced to sleep with other men for one night. On the other hand, the clergy defended the practice saying it didn't exist in India.

Information
Despite clergy's claims, reports prove existence of nikah halala

An investigation by India Today concluded religious leaders offered to sleep with divorced women, who were desperate to save their marriages, for one night in exchange for money. The maulvis charged anything between Rs. 20,000 to Rs. 1.5 lakh; and boasted of their 'achievements'.

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Shiladitya Ray
Shiladitya Ray
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Budding social scientist with a keen interest in social studies of science and the sociology of knowledge. Cinephile. Liverpudlian. Metalhead.
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