SC suo motu probes Muslim law for discriminatory practices of marriage, divorce and inheritance by women
Q. Recently the SC has taken a suo motu cognizance of Muslim personal law whose provisions are termed discriminatory to Muslim Women. Which of the following issues are raised under it?
1) Property inheritance by women
2) Divorce
3) Practices of marriage like polygamy, etc.- Published on 07 Mar 16a. 1, 3
b. 1, 2
c. 2, 3
d. All of the above
ANSWER: All of the above
- In October 2015, the Supreme Court decided to register a PIL suo motu titled “Muslim women’s quest for equality” on gender discrimination women face under Muslim personal law.
- The initiative by the Supreme Court has received nationwide support.
- SC admitted a petition filed by Shayara Bano to declare the practice of triple talaq, nikah halala (bar against remarriage with divorced husband without an intervening marriage with another man) and polygamy under Muslim personal laws as illegal, unconstitutional, and violative of the rights to equality, dignity, life and freedom of religion under the Constitution.
- Progressive laws like the Dissolution of Muslim Marriages Act, 1939, and the Muslim Women (Protection of Rights on Divorce) Act, 1986, have not been able to wean the community away from discrimination shown to Muslim women.
