The Supreme Court on Monday refused urgent hearing to a PIL challenging Islamic practice of polygamy and Nikah Halala.
BJP leader and Advocate Ashwini kumar Upadhyay had sought early hearing of the plea challenging the practice of polygamy, nikah halala, nikah mutah and nikah misyar on the grounds that they violated the Constitution’s Articles 14, 15 and 21.
Upadhyay has contented in the plea “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”.
Article 14 assures equality before law, Article 15 restricts bias on the grounds of religion, race, caste, sex or place of birth and Article 21 guarantees protection of life and personal liberty. This is the second time that the time has rejected demand for early hearing on the matter, the first time being July.
Upadhyay’s plea is one of the bunches of petitions which has challenged the constitutional validity of the practice of polygamy and nikah halala among Muslims in India.
In 2018, the top court had referred the petitions to a larger bunch.
—India Legal Bureau