Supreme Court Asks If Sati Can Be Banned, Why Not Multiple Wives Under Muslim Personal Law?

Discussion in 'Politics & Society' started by jackprince, Oct 30, 2015.

  1. jackprince

    jackprince Turning into a frog Senior Member

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    http://www.indiatimes.com/news/indi...e-wives-under-muslim-personal-law-246749.html


    Supreme Court Asks If Sati Can Be Banned, Why Not Multiple Wives Under Muslim Personal Law?


    With Muslim women at a disadvantage under the Muslim Personal Law with no safeguard against arbitrary divorce and polygamy, the Supreme Court has now decided to examine the validity of such practices saying that it amounts to violation of women's fundamental rights.

    Muslim Personal Law must evolve
    [​IMG]

    bccl

    A bench of Justices A R Dave and A K Goel said laws dealing with marriage and succession are not part of religion and the Muslim Personal Law has to evolve with the changing times. The bench said it is high time for the judiciary to examine these issues which the court had earlier refrained from venturing into on the ground that it was a policy matter to be decided by the government and the legislature. It said these are not merely a policy matter but relate to protection of fundamental rights of Muslim women guaranteed by the Constitution. Referring to an earlier apex court verdict, the bench said practice of polygamy is injurious to public morals and can be banned just like the practice of sati was banned.

    "It was pointed out that in spite of Constitutional guarantee, Muslim women are subjected to discrimination. There is no safeguard against arbitrary divorce and second marriage by her husband during currency of the first marriage, resulting in denial of dignity and security to her," the bench said.

    No decision yet on SC's poser to Centre on Uniform Civil Code
    "In Javed vs State of Haryana, a Bench of three judges observed that practice of polygamy is injurious to public morals and can be superseded by the state just as practice of 'sati'. It was further observed that conduct rules providing for monogamy irrespective of religion are valid and could not be struck down on the ground of violation of personal law of Muslims," the bench said. The court passed the order while adjudicating a woman's plea seeking share in ancestral property of her father under the Hindu Succession Act. During the hearing of the case, the lawyers pointed out the discrimination faced by Muslim women in matrimonial disputes. Taking suo motu cognisance of alleged discrimination faced by women under Muslim Personal Law, the court ordered that matter be treated as PIL and asked the Chief Justice of India to constitute an appropriate bench to look into the issue of gender discrimination under Muslim Personal Law.

    Fundamental rights of women
    "It is pointed out that the matter needs consideration by this court as the issue relates not merely to a policy matter but to fundamental rights of women under Articles 14, 15 and 21 and international conventions and covenants," it said. The bench said that a Constitution bench earlier did not address the issue of discrimination under Personal Law but it held that Article 21 included right to live with dignity which supports the plea that a Muslim woman could invoke fundamental rights in such matters. The SC bench issued notice to attorney general and National Legal Services Authority seeking their response on the issue.

    (Originally published in the Times of India)









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    At last SC takes the stand, and at last the door to UCC ha been opened. Now that the SC is endorsing change in Muslim Personal Law, the biggest road-block to UCC, as soon as the required members' support is there in RS. the Govt. should run with it.
     
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  3. prasadr14

    prasadr14 Regular Member

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    In protest against this anti-Sickular order Rajdeep Sardesai has decided to return his marriage certificate......As usual after blaming Modi for this.
     
  4. VIP

    VIP Ultra Nationalist Senior Member

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    Lucky him if he does that, he could be forgiven for every sins he committed in his entire life including antinational propaganda except marrying that bimbo chudail ghoshe :D
     
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  5. Nicky G

    Nicky G Senior Member Senior Member

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    Simple: the latter is secular, the former is not. /Sarcam - for those to whom it was not apparent.

    As a matter of principle, I don't appreciate activist judiciary since they are unelected. This might go in our favor, in other cases it might not.
     
  6. genius

    genius Regular Member

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    I am afraid the two aren't remotely comparable. Sati is not just a moral issue but also a human rights issue - innocent women are burnt alive. Polygamy, on the other hand, may be morally repugnant to many but it doesn't expect women to jump on the funeral pyre.
     
  7. brational

    brational Regular Member

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    Hey! Porki is back!

    So Porki tell us Whether Muslim women are subject to human rights? How do you see the practice called Tin Talaaq? What benefit Sharia will bring to your community? What is your view on UCC? Why are there so many muslim left in India after getting their separate land in 1947?
     
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  8. salute

    salute Senior Member Senior Member

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    but islam says to stone women to death,

    and to make women sex slave,

    and pakis idiot, sati was practiced only few parts of india,

    its banned long ago but muslim women are still trapped by stupid islam laws.
     
    Last edited: Oct 31, 2015
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  9. Agnostic_Indian

    Agnostic_Indian Regular Member

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    In sati women loses her life but in polygamous marriage women loses her sefl respect and humarights..both are evil..sati is long gone...now its the turn of polygamy.
     
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  10. saty

    saty Tihar Jail Banned

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    Most of the time Sati was voluntary like Suicide (that too introduced in medieval period in high castes to avoid muzzie ra***) where as 4 wife's/3 talak are not voluntary it gives one party(Man) absolute power over second party (Women).

    It treats women as a second grade citizen. Suicide is 100000 times better than living your entire life as a SECOND GRADE citizen. :frusty:
     
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  11. Bornubus

    Bornubus Senior Member Senior Member

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    If muslims want personal law for them then GOI should introduce Sharia (criminal law) for muslims,any muslim who caught stealing his hands must be chopped off,there should be no duality in law.
     
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  12. Bornubus

    Bornubus Senior Member Senior Member

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    The first real account of Sati goes even before Mullah period, however sati became more popular during mullah period.
     
    Last edited: Nov 1, 2015
  13. prasadr14

    prasadr14 Regular Member

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    BJP Should implement Uniform Civil Code.
    Right now they are getting no muzzie votes.

    At least with this, they are bound to get a section of Muslim woman voters who would definitely vote for BJP.

    BJP has nothing to loose vis a vis muslim vote share....why don't they take a chance and see the results in UP elections?
     
  14. SLASH

    SLASH Senior Member Senior Member

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    Its not BJP's decision to be made alone. All party need to be on board, especially the congress. The way Congress has been disrupting the parliament it would be even difficult to start a debate over UCC in the parliament
     

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