Govt tells SC: Polygamy is not a religious practice

The Central Government of India told to the Supreme Court that Polygamy is not a religious practice, but rather a social custom or usage which the State can interfere with to ensure that Muslim women’s fundamental rights are not violated.

polygamy-status-in-indian-muslim
“State can interfere to ensure that Muslim women’s fundamental rights are not violated”
“Practices such as polygamy cannot be described as being sanctioned by religion, inasmuch as historically, polygamy prevailed across communities for several centuries including the ancient Greeks and Romans, Hindus, Jews and Zoroastrians. It had less to do with religion and more to do with social norms at the time,” the Centre said in its written submissions filed late on Monday in the Supreme Court.
“In the Holy Koran as well, it appears that the prevalent or perhaps even rampant practice of polygamy in pre-Islamic society was sought to be regulated and restricted so as to treat women better than they were treated in pre-Islamic times,” the government, represented by Attorney-General Mukul Rohatgi and advocate Madhavi Divan, submitted.

‘Not protected’

The government said since polygamy was a social custom and not a religious practice, it was not protected under Article 25 of the Constitution, which bars the State from interfering with “someone’s religious belief.”

“It is submitted that the practice of polygamy is a social practice rather than a religious one and therefore would not be protected under Article 25. This is true also of nikah halala and triple talaq. For the same reason, polygamy would amount to a custom or usage, which is “law” within the meaning of Article 13 and therefore subject to fundamental rights,” the Centre argued. Since a social practice cannot be held to be an integral part of a faith and belief or an “essential religious practice,” it has to satisfy the overarching constitutional goal of gender equality, gender justice and dignity, the government submitted.

The government argued that reforms have not happened in the practices followed by the Muslim community despite clear indications. It said gender equality and the dignity of women were “non-negotiable.”

Here is all about the Supreme Court's ruling on the Protection of Rights on Divorce: 
  • Justices Anil R. Dave and A.K. Goel ordered recording of a Public Interest Litigation to deal with the issues faced by Muslim women
  • The court also says that polygamy amounts to violation of women's fundamental rights
  • According to the Justices, laws dealing with marriage and succession are not part of religion
  • They also said that the Muslim Personal Law has to evolve with the changing times and that it can be banned just like the practice of sati was banned.
Legal status of Polygamy and some facts:

Polygamy has often been described as a form of human rights abuse by the world organisations and women's rights groups. In 2000, on the grounds that it violates the dignity of women, the United Nations Human Rights Committee considered polygamy a destruction of the internationally binding International Covenant on Civil and Political Rights. The United Nations also recommended that it be made illegal in all the states.
  • Human polygamy exists in three forms: Polygyny (one man having multiple wives), Polyandry (one woman having multiple husbands), and group marriage (combination of polygyny and polyandry)
  • About 50 countries permit polygamous marriages within their jurisdiction
  • It is widespread in the Middle East and Northern Africa except Israel, Turkey and Tunisia
  • Almost 12 countries recognise polygamous marriages under customary law
  • All the northern states in Nigeria, governed by Islamic Sharia law, recognise polygamous marriages
  • The United Kingdom, Australia, and New Zealand permit benefits for spouses of polygamous marriages performed in other countries
  • India and Sri Lanka allow polygamous marriages only among Muslim citizens
  • Christian nations do not allow polygamy except the Republic of the Congo, Uganda, and Zambia
  • The only Buddhist nation that allows polygamy is Myanmar
  • Pakistan allows a man to marry up to four wives at the same time. The marriage has to be conducted with the permission of existing wife/wives.
The Supreme Court has fixed for May 11 the Constitution Bench hearings on a batch of petitions on the issue.

COMMENTS

BLOGGER: 1
Loading...

7th CPC$type=list$m=0$cate=0$sn=0$rm=0$c=5

Defence$type=complex$count=4$ico=1

7th CPC$type=list$m=0$cate=0$sn=0$rm=0$c=5

Name

'Aaykar Setu' mobile app,1,5th cpc,4,6th cpc,7,7th CPC,389,7th CPC Arrears,4,7th CPC Arrers,8,7th CPC Hindi News,12,7th CPC News,69,7th Pay Commission,213,Aadhaar,22,ad-hoc bonus,3,ad-hoc staff,1,additional hra,1,admit card,1,advance salary,1,AGEY,1,aicpin,9,aigdsu news,4,AIIMS,2,ailtc railways,6,aipr,3,Air Force,13,Air India,4,air india ltc 80 fare,3,Air Travel,6,Aircel,1,airf,14,Airlines,1,Airtel,4,alcohol policy,1,all india,5,Allowances,124,Amazon Ofers,1,Andhra Pradesh,1,anomaly committee,1,aoc,1,app download,1,Apple iPhone,3,Assam,4,Assistant Jobs,1,Bank,27,bank da,2,bank holidays,1,Bank Policies,19,banknotes,1,Bihar,9,Bihar 7th CPC,3,Bollywood,4,bonous,1,bonus,4,breakdown allowance,2,Breaking News,139,BRICS,1,Bsnl,10,budget,4,Business,84,ca exam pattern,1,Cabinet News,41,cadre restructuring,1,cadre review,11,CAG Report,3,CAPO News,4,Career,56,casual labour,1,casual leave,1,cat Judgement,2,cat order,3,CBDT,12,CBEC,4,CBSE,6,ccs master circular,1,ccs pension rules,2,ccs rules,3,cda rules,2,cgda,16,cgegis table,5,CGHS,84,cghs agartala,1,cghs ahmedabad,1,cghs allahabad,1,cghs bengaluru,2,cghs bhopal,1,cghs bhubaneswar,1,cghs chandigarh,1,Cghs Chennai,1,cghs dehradun,1,cghs delhi,3,cghs guwahati,1,cghs hyderabad,1,cghs indore,1,cghs jabalpur,1,cghs jaipur,1,cghs kanpur,2,cghs karnataka,1,cghs kerala,1,cghs kolkata,1,cghs lucknow,1,cghs meerut,2,cghs mumbai,1,cghs nagpur,1,cghs patna,2,cghs pune,1,cghs ranchi,2,cghs shillong,1,cghs trivandrum,2,cghs uttrakhand,1,chandigarh,1,chhattisgarh,1,child care leave,1,children education allowance,7,China,1,cisf,1,come & play scheme,1,compassionate ground appointment,2,Compensation Policy,3,composite allowance,1,condiment allowance,1,consatant attendance allowance,1,contract labour,7,Conveyance Allowance,3,cpao order,19,cpf,1,cpgrams,3,cpiiw,2,cpse,67,cpse employees,5,cpse guidelines,29,cpse pay revision,2,cpse pension,5,CPSEs Pay,20,Cricket,4,cris,3,CRPF,1,CS(MA) Rules,4,csd,1,csd price list,1,Current Affairs,308,cvc circular,2,d el ed,1,daily officiating allowance,3,dearness allowances,47,dearness relief,18,Defence,198,Delhi,2,delhi high court,1,dept of post order,36,deputation,3,deputation allowance,4,desw,2,desw order,5,disability pension,4,Doctor Jobs,11,doe order,23,doppw order,6,DoPT Order,111,dot order,9,Download MedWatch App,1,Download MyMSME App,1,Download MyMSME App Celebrating Yoga,1,Download NEW ITR FORM,2,Download Swachh Bharat App,1,dpe om,33,dress allowance,5,dress code,1,EC,1,echs,19,ecil,1,EDUACTION,75,Education,7,educational qualification,1,Egineer Jobs,1,Election Commission,1,Employment,6,Entertainment,2,EPFO,21,ESIC,4,EVM,1,Ex-Servicemen,6,exam,2,exempt from tax,1,expected da,9,extra work allowance,1,Extraordinary Pension,1,Facebook,8,fact jobs,1,Family Pension,92,FAQ,2,Featured,79,festivals,1,FIFA,1,File ITR,22,Fin Min Orders,61,Finance,8,Fixed Medical Allowance,6,Flipkart,2,Football,3,FREQUENTLY ASKED QUESTIONS ON GST,1,Games,12,Ganes,2,gazette notification,12,gdce instructions,3,gds arrears,9,gds da,11,gds employees news,14,gds pay,15,gds report,17,gfr,1,GOI News,570,Goods and Services Tax,50,Goods and Services Tex,1,Google,10,government of karnataka,1,Govt Jobs,10,govt of assam,2,govt of assam pensioner,1,govt of assam staff,1,govt of chhattisgarh,1,Govt Project,324,Govt Staff News,1095,Govt Yojna,255,gpf interest rate,1,GPF Rules,11,GPRA,4,gratuity,6,group A,1,Group D,1,Gst,60,GST Rates Finder app,1,Hardship Allowance,1,Haryana Govt Employees,2,Haryana Govt order,2,hba rules,8,Health,25,High Court Judgement,2,high court order,2,hill area allowance,1,holiday list,8,Hollywood,2,honorarium,1,hpca,1,hr allowances,1,hra,2,HRA Allowances,40,iba,3,iba dr,1,ibps,2,icsil,1,ida cpse,13,income tax,20,independence day,1,India,3,India Post,12,Indian Airforce,34,Indian Army,52,Indian Navy,47,indian railway,10,IOCL Jobs,1,IRCTC,8,irtsa,2,Island Special Duty Allowance,1,ISRO,1,iti ltd,1,ITR,30,j&k govt employees,3,j&k govt pensioners,1,Japan,1,Jharkhand,3,Jio News,8,jkssb,1,jnv,7,Jobs,54,Jobs News,90,karnataka,1,kerala,4,Kerala Govt Employees,3,Kerala Govt Pensioners,2,Kolkata,1,KVS,39,kvs pension,2,labour Bureau,7,larsgess scheme,3,Latest,988,ldce,3,leave rules,1,lic pay,2,life time arrear,1,Lok Sabha,136,LTC,31,ltc 80 air fare,4,Ltd Company Jobs,2,mAadhaar App,2,macp,31,Make in India,2,Market,1,Maruti Suzuki Dzire,1,maternity leave,6,medical card,1,Medical claims,4,Meghalaya Govt Employees,1,MERIT app,1,mes,1,MGNREGA,2,mha,1,mhfw order,14,mhrd order,1,Microsoft,1,Microsoft News,1,minimum wages,7,mod order,13,mohfw order,1,monetary allowance,3,MP,1,msp,2,mtnl,1,NABARD,1,Namami Gange,5,National,705,ncjcm,19,nda,2,ndmc,1,New Delhi,3,new TRCA matrix,5,nfir,59,NGT,1,night duty allowance,2,northern railway,1,Notification,1,npci,1,nps,19,nursing allowance,2,nursing perssonsel,2,NVS,9,odisha,3,odisha govt pensioner,1,operation theater allowance,1,ordnance factory,1,orop,3,overtime allowance,6,PAN,6,pass rules,3,Passports,1,patna high court judgement,1,pay fixation,14,pcda circular,35,pco allowance,2,pdca circular,6,Pension,178,Pension Adalat,1,Pension Adalat Application Form,2,Pension faq,20,Pension revision,7,Pensioner,152,Pensioner associations,2,Pensioner Portal,12,pfrda,3,pgportal,3,pl bonous,12,PM Modi,27,PMAY,5,PMUY,1,PMVVY,1,Policies,381,Politics,35,post graduate allowance,1,post office,2,prcp in railway,4,President,2,Project Allowance,2,Promotions,18,Promotions policy,18,provisional pension,2,puducherry,1,Railway,328,rajasthan govt employees,2,rajasthan govt pensioners,1,rajbhasha,1,Rajya Sabha,38,Rashtriya Swasthya Bima Yojana,1,ration money allowance,2,RBI,11,Real Madrid,1,Recruitment,6,recruitment rules,9,relhs,1,remote area allowance,1,remuneration,1,RERA Act,1,reservation criteria,10,rest rules,1,Result,5,retirement age,1,revised pay,24,revised pay matrix table,5,revised pension,2,revised vda,7,rilways,1,risk and hardship allowance,5,running staff,2,RUSA,1,s,1,SAARTHI App,1,SBI,10,SBI Rules,6,scholarship,1,Science,17,scova meeting,1,SEVA App,1,Seventh Central Pay Commission,149,SKILL INDIA Mission,1,small saving scheme,2,special allowance,3,Special LC Gate allowance,1,Sports,16,ssc jos,1,status of PPOs,2,storekeeping staff,1,strike,2,study allowance,1,Sukanya Samriddhi Account,2,Supreme Court,22,Supreme Court Judgement,10,Survey,1,syllabus,1,syndicate bank,1,Tarang Sanchar,1,Tax,22,tds deduction,1,teacher jobs,2,Tech,34,Telangana,1,telangana govt employees,1,Telcome,2,Telcome News,8,timely disposal of applications,1,TN Govt Employees,3,TN Govt Pensioners,2,tnusrb recruitment,1,Trade,1,trade unions,1,TRAI,1,training allowance,1,Transfer policy,23,transport allowance,4,Travelling Allowance,21,Trending Now,131,tripura govt employees,1,tripura govt pensioner,1,Trump,1,uan,1,Uber,1,ugc,1,uidai,1,UJALA Scheme,1,UP CM Yogi Adityanath,2,upgradation of pay,2,uppsc,1,UPSC Jobs,2,USA,2,Uttar Pradesh,3,vrs,2,Weather,2,West Bengal,1,Whatsapp,2,Windows 10 OS,1,World,62,World Press Freedom Day,1,You Tube,2,
ltr
item
Param News: Central Government Employee News|Latest DOPT OM: Govt tells SC: Polygamy is not a religious practice
Govt tells SC: Polygamy is not a religious practice
Govt tells SC: Polygamy is not a religious practice, polygamy status in indian muslim Here is all about the Supreme Court's ruling on the Protection of Rights on Divorce, Legal status of Polygamy worldwide and some facts
https://3.bp.blogspot.com/-95_1sFCfnL8/WOxqd1NiQcI/AAAAAAAAAXM/XurUFCSzcP4QkOn7Jt_CXoAjiBjxLgydgCLcB/s400/poligmy.png
https://3.bp.blogspot.com/-95_1sFCfnL8/WOxqd1NiQcI/AAAAAAAAAXM/XurUFCSzcP4QkOn7Jt_CXoAjiBjxLgydgCLcB/s72-c/poligmy.png
Param News: Central Government Employee News|Latest DOPT OM
http://www.paramnews.com/2017/04/govt-tells-sc-polygamy-is-not-religious.html
http://www.paramnews.com/
http://www.paramnews.com/
http://www.paramnews.com/2017/04/govt-tells-sc-polygamy-is-not-religious.html
true
2671314941044517342
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share. STEP 2: Click the link you shared to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy