The Supreme Court today said on Thursday that it is “at the right time” to set up a new five-judge constitution bench to hear petitions challenging the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims. Will do. Chief Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J. B. Advocate Ashwini Upadhyay from Pardiwala’s bench has requested the constitution of a new constitution bench on the matter. , In the public interest litigation filed on behalf of Ashwini Upadhyay, it was said that section of the Indian Penal Code-494 allows polygamy, halala etc and needs to be abolished. The Chief Justice said, “I will look into it. At the right time, I will set up a constitution bench. The last five-judge Constitution Bench On August National Human Rights Commission (NHRC), National Commission for Women (NCW) ) and the National Commission for Minorities (NCM) as parties to the PILs and sought their response.

The then Constitution Bench was headed by Justice Banerjee and included Justice Gupta, Justice Suryakant, Justice MM Sundresh and Justice Sudhanshu Dhulia. However, Justice Banerjee and Justice Gupta last year respectively September and retired on October 6, necessitating the reconstitution of a constitution bench to hear eight petitions against the practices of polygamy and ‘nikah halala’.

Upadhyay in his PIL has sought direction to declare polygamy and ‘nikah halala’ unconstitutional and illegal. The top court had considered his plea in July and referred the matter to a constitution bench. which was already hearing similar petitions.

Supreme CourtPublished Date

Thu, Mar 23, 2023, 1: 29 PM IST