Will set up Constitution Bench at appropriate time: Supreme Court in plea challenging bigamy for Muslims

The Supreme Court on Thursday said that it would constitute a Constitution Bench to hear the petition challenging the practice of bigamy among Muslims "at an appropriate time". .The petition calling for the same was mentioned by Advocate Ashwini Upadhyay before a Bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala."At an appropriate time, I will constitute a Constitution Bench and have it decided," the CJI said. .The plea states that the practice of bigamy cannot be allowed for one religious community alone, while it is prohibited for persons from other religions. It has thus sought a declaration that the practice is unconstitutional, oppressive towards women and opposed to equality.The petition prays that Section 494 of Indian Penal Code (IPC) and Section 2 of Muslim Personal Law (Shariat) Application Act,1937, both of which enable Muslim men to take more than one wife, be declared unconstitutional.Section 494 of IPC provides 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."The petitioners pray that words ‘in any case in which such marriage is void by reasons of its taking place’ occurring in Section 494 of IPC be struck down. .The primary argument raised in the plea is that the State cannot make criminal law in such a manner that creates discrimination by making the same act which may be punishable for some, "enjoyable" for others."Penal action cannot be differentiated on the basis of religious practice and penal law has to be made applicable uniformly having no relation with personal law applicable to the offender," the petition states.The petitioners have argued that Section 494 discriminates "only on the basis of religion, which is per se in violation of Article 14 and 15(1) of the Constitution of India."