Plea in Supreme Court challenges legal recognition of Bigamy among Muslims.
5th December, 2020
A petition has been filed In the Supreme Court seeking a declaration of bigamy as unconstitutional for all religions. The plea has been filed by advocate Vishnu Shankar Praying for striking down section 494 of the IPC and Section 2 of Muslim personal law application act,1937, the petition was filed under article 32 of the constitution.
The main trust of deeply is that state cannot make criminal laws in such a manner that creates discrimination by making the same act that makes bigamy punishable against for someone and enjoyable for other. The plea further stated that a Muslim woman is being discriminated before law. The Muslim law Muhammadan permits male person to having 4 wives at the time but at the same Para 256 (as per Mull Muhammdan law) the female to contain another during lifetime of her husband”,
It is contended that, article 25 of the constitution protects only the essential religious practices offer religion as personal law of the subjects, unconnected with religion. Does not come without the scope of article 25 of the constitution of India. The practice of Bigamy is not an essential part of Muslims or any other religion the plea states.