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A bunch of ladies has moved the Supreme Court difficult the provisions in the Shariat Act and Indian Penal Code which permit the follow of bigamy in the Muslim group.
The plea filed by Advocate Vishnu Shankar Jain, stated that although there are UN conventions against bigamy, “in India the irony is that bigamy has been made punishable under Section 494 of IPC subject to applicability of personal law”. The follow is disallowed by Hindu, Christian and Parsi legal guidelines however permitted underneath Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, the plea stated, including this “is opposed to public policy, decency and morality and is discriminatory within the meaning of Article 14 of the Constitution of India”.
“Therefore, the provision of Section 2 of Shariat Act in so far it protects the bigamous marriages by Muslims is liable to be struck down being unconstitutional and void,” the petition prayed.
The plea stated Section 494 of IPC gives that “whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”.
Thus “it is clear that the offence of bigamy is punishable only when the second marriage is void. It means that the validity of second marriage depends on the recognition of such marriage under personal law”. The petitioners questioned how the state could make a penal legislation “in such a manner which may create discrimination and same act may be punishable for someone but for others enjoyable”.
The plea has been filed by Kashika Sharma from Himachal Pradesh, Usha Sinha from Bihar, Kiran Singh, Suvid Praveen Kanchan and Parul Khera from Uttar Pradesh and the Lucknow-based Jan Udghosh Sansthan.
© The Indian Express (P) Ltd
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