In what could be a huge win for women's rights, Supreme Court is mulling banning polygamy in India. Observing that Muslim Personal Law does not safeguard women's rights against arbitrary divorce and polygamy, reports suggest the apex court said that polygamy was 'injurious to public morals'.
The SC further observed that polygamy should be banned just as sati has been. The apex court has now asked the Chief Justice to look into the issue.
A bench of Justices Anil R Dave and AK Goel on Wednesday ordered registration of a Public Interest Litigation and for putting it up before the new bench to deal with the issues related to the challenge to the Muslim Women (Protection of Rights on Divorce) Act.
It noted that the issue was not merely a policy matter but concerns the fundamental rights of the women guaranteed under the Constitution.
The issue has cropped-up during the hearing of a matter related to Hindu Succession (Amendment) Act and the bench noted that "an important issue of gender discrimination which though not directly involved in this appeal, has been raised by some of the counsel for the parties which concerns rights to Muslim women. Discussions on gender discrimination led to this issue also."
"It was pointed out that inspite of guarantee of the Constitution, Muslim women are subjected to discrimination. There is no safeguard against arbitrary divorce and second marriage by her husband during currency of the first marriage, resulting in denial of dignity and security to her," it noted.
"For this purpose, a PIL be separately registered and put up before the appropriate Bench as per orders of the Chief Justice of India. Notice be issued to learned Attorney General and National Legal Services Authority, returnable on November 23, 2015. We give liberty to counsel already appearing in this matter to assist the Court on this aspect of the matter, if they wish to volunteer, for either viewpoint," the court said.
(With PTI inputs)
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