‘Muslim Personal Law’ challenged in the Supreme Court
Muslims should not be allowed to have more than one wife
Petition by 5 persons through Advocate Vishnu Shankar Jain
New Delhi – Five people have filed a petition in the Supreme Court through Adv. Vishnu Shankar Jain seeking that the practice of polygamy is permitted in a religion like Islam, and a ban on the permission imposed in other religions cannot be allowed. Declaring this practice as unconstitutional, persecution of women and violation of the right to equality, as well as the petition also seeks to declare Section IPC section 494 and Section 2 of the Muslim Personal Law, 1937, unconstitutional. Under the section, a Muslim man is allowed to have more than one wife.
The petition states that,
1. It is punishable under section 494 for any Hindu, Christian or Parsi person to remarry while his wife is alive; however, a Muslim can do that, which is not punitive. Therefore, under Section 494, discrimination is done on the basis of religion and this violates Sections 14 and 15 (1) of the Constitution.
2. If a person marries in such a situation while his wife or husband is alive, that person will have to serve some period of imprisonment. This sentence can be extended up to 7 years. There is also a provision that the person will be fined. It is mentioned in Section 494 of IPC.
3. The sentence ‘It would be unlawful to get married in such a situation’ should be deleted from Section 494. This section 494 protects polygamy in the Muslim community Because their personal law allows such marriages. In the Muslim community, cases of marriage and divorce are handled in accordance with the provisions of Section 2 of the Muslim Personal Law.
4. According to this provision, the offense of the second wife (second marriage) will be punishable in the situation, only when the second marriage is invalid. That is, the second marriage will depend on the recognition of such a marriage under personal law. Therefore, remarriage of a Hindu, Christian or Parsi person during the lifetime of his wife will be punishable under Section 494; But it is not punishable for a Muslim.