Polygamy not integral to Islam, govt rule barring it doesn't violate Article 25: SC

A government employee cannot take refuge under Article 25 of the Constitution dealing with right to profess religion, to challenge rule barring polygamy, the Supreme Court held today.

hidden February 10, 2015 07:37:25 IST
Polygamy not integral to Islam, govt rule barring it doesn't violate Article 25: SC

New Delhi: A government employee cannot take refuge under Article 25 of the Constitution dealing with right to profess religion, to challenge rule barring polygamy, the Supreme Court held today.

The apex court said the Conduct Rules of the Uttar Pradesh government for its employees, which mandates prior permission for contracting second marriage during the existence of the first marriage, is not violative of Article 25 of the Constitution.

The court was dealing with an appeal filed by a Muslim employee in UP's Irrigation Department challenging a disciplinary authority order removing him from service for proven misconduct of another marriage during the existence of the first marriage, which was upheld by Allahabad High Court.

Polygamy not integral to Islam govt rule barring it doesnt violate Article 25 SC

Supreme Court of India. Reuters

Holding that there was no need to interfere with the High Court's finding on "proven misconduct", a bench comprising justices T S Thakur and Adarsh Kumar Goel said his contention that such rule was violative of Article 25 was answered by the apex court in Javed vs State of Haryana matter.

In this case, it was held that what was protected under Article 25 was religious faith and not a practice which may run counter to public order, health or morality.

"Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25. This Court upheld the views of the Bombay, Gujarat and Allahabad High Courts to this effect.

n its judgement, the bench said, "as regards the charge of misconduct in question, it is patent that there is no material on record to show that the appellant divorced his first wife before the second marriage or he informed the Government about contracting the second marriage.

"In absence thereof, the second marriage is a misconduct under the Conduct Rules," the bench said.

PTI

Updated Date:

Subscribe to Moneycontrol Pro at ₹499 for the first year. Use code PRO499. Limited period offer. *T&C apply

also read

Supreme Court halts Future Retail’s Rs 24,713 crore deal with Reliance on Amazon’s plea
Business

Supreme Court halts Future Retail’s Rs 24,713 crore deal with Reliance on Amazon’s plea

The apex court said the proceedings before the National Company Law Tribunal (NCLT) will go on and but will not culminate into any final order on an amalgamation of FRL with Reliance

Farmers' protest: SC-appointed panel discusses farm laws with Food Corporation of India, NABARD
India

Farmers' protest: SC-appointed panel discusses farm laws with Food Corporation of India, NABARD

The panel said it also held meetings with officials of the Commission for Agricultural Costs and Prices, the Union Consumer Affairs Department, and the Small Farmers' Agri-Business Consortium

Ranjan Gogoi sexual harassment case: SC closes suo motu proceedings to probe ‘larger conspiracy’
India

Ranjan Gogoi sexual harassment case: SC closes suo motu proceedings to probe ‘larger conspiracy’

The Bench noted that the possibility of retrieving electronic records is very little even though nearly two years have passed since hearing in this case began