AIMPLB seeks to be impleaded in petition against Nikaha Halala, Polygamy

The All India Muslim Personal Law Board (AIMPLB) has sought to be made a party in the plea filed by BJP leader, Advocate Ashwini Kumar Upadhyay seeking a bar on the practices of Nikah Halala, Polygamy, among others..In its application filed before the Supreme Court, the AIMPLB has stated that Upadhyay's plea is in the nature of Public Interest Litigation and given that the AIMPLB has worked towards protection of Muslim personal laws, its viewpoint should be heard..The AIMPLB in its application submits that it is an organisation that "strives to uphold the traditional values and ethos" of the Muslim community. Therefore, it is imperative for the Board to be heard in a plea which seeks to challenge the practices under the Muslim personal laws..It is submitted that personal laws cannot be termed to be "law in force" since they have been derived from the Holy Koran and the Hadith. The validity of these practices cannot be tested against Part III of the Constitution which deals with Fundamental Rights, the applicant Board has said..Muslim Personal Law is cultural issue; it is inextricably interwoven with religion of Islam. Thus, it is an issue of Freedom of Conscience, guaranteed under Article 25 and 26 read with Article 29 of the Constitution of India.AIMPLB, in its application.Further, the Board has refuted contentions for a Uniform Civil Code (UCC), pointing out that the same is provided for under Article 44 which stipulates a Directive Principle for State Policy. .These practices being challenged now, had been subject matter of scrutiny of the Supreme Court in a 1997 case of Ahmedabad Women Action group, the Board further highlights. It adds that the Apex Court had then, rejected to entertain the plea on the ground that the issue was to be dealt with by the Legislature and not the Judiciary..Further, the rights of Muslim women are safeguarded under the Muslim Women (Protection of Rights on Divorce) Act, 1986, the validity of which has been upheld by the Court. .Therefore, the AIMPLB has sought to be impleaded in the matter, while also arguing that persons belonging to other religions should not be allowed to question the faith of another..[Read the Application]

AIMPLB seeks to be impleaded in petition against Nikaha Halala, Polygamy

Shruti Mahajan

Related Stories