PIL filed in Supreme Court to declare Nikah Halala as 'rape'

A PIL was filed in Supreme Court on Monday to declare section of 2 of Muslim Personal Act which recognises 'Nikah Halala' and polygamy as 'unconstitutional'.

The Public Interest Litigation (PIL) filed by the lawyer, Ashwini Upadhyay, has also urged the apex court to declare both the practices as violation of fundamental rights. Further, the PIL also urged the top court to declare 'Nikah Halala' as rape under 375 IPC and declare 'polygamy', an offence under 494 IPC and also triple talaq, an offence under 498 IPC.

I have filed a PIL to declare Section 2 of Muslim Personal Act which recognises Polygamy & Nikah Halala as unconstitutional and violation of fundamental rights: Ashwini Upadhyay, lawyer who filed an PIL in Supreme Court on Nikah Halala & Polygamy pic.twitter.com/4jdJxvDUHg

— ANI (@ANI) March 5, 2018

Also requested SC to declare Nikah Halala as rape under 375 IPC, declare polygamy an offence under 494 IPC & triple talaq an offence under 498 IPC: Ashwini Upadhyay, lawyer who filed an PIL in Supreme Court on Nikah Halala & Polygamy

— ANI (@ANI) March 5, 2018

The practice of 'Nikah Halala' requires the divorced woman to marry someone else, consummate the marriage and then get a divorce in order to again marry her first husband under the Muslim personal law.  However, there are many cases where the practice has been misused and there are many social media pages and websites that offer halala marriage services to women who have been divorced by their first husband.

Last year, an India Today report stated that Islamic scholars charged a hefty amount for one night stands with divorced Muslim women looking to resuscitate their marriage.  One scholar, who is married even went to the extent and said that he doesn't need to tell his wife to participate in Nikah Halala.

According to people interviewed, the report on August last year said that many a time, even formal marriage is not done for nikah halala, and the 'groom' merely spends a night with the 'bride' to get his money. One of the interviewed persons also said that he has done this several times and asked for a donation for his madrasa.