Rights of Muslim women against arbitrary divorce not addressed, says SC

The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting.

hidden October 29, 2015 08:25:11 IST
Rights of Muslim women against arbitrary divorce not addressed, says SC

New Delhi: The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting.

Expressing concern on the issue of "gender discrimination... which concerns the rights of Muslim women", the apex court bench of Justice Anil R. Dave and Justice Adarsh Kumar Goel said the issue of rights of Muslim women against arbitrary divorce surfaced number of times but was not addressed.

Rights of Muslim women against arbitrary divorce not addressed says SC

Image courtesy: AFP

The court said in its judgment pronounced on October 16 that there was 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 apex court said this while noting the submissions made by lawyers on the question whether the Hindu Succession (Amendment) Act, 2005 would have retrospective effect.

Directing for a separate public interest litigation to address the issue, the bench issued notice to the Attorney General and National Legal Services Authority, returnable on November 23.

Issuing the notice and directing for the registration of the PIL, the court said, "Although the issue was raised before this court in the case of 'Ahmedabad Women Action Group vs Union of India', this court did not go into the merits of the discrimination with the observation that the issue involved state policy to be dealt with by the legislature."

The court judgment noted that it was observed that the challenge to Muslim Women (Protection of Rights on Divorce) Act, 1986, was pending before the Constitution Bench and there was no reason to multiply proceedings on such an issue.

The court noted that the matter needed consideration by the apex court as the issue related not merely to a policy matter but to the fundamental rights of women under Articles 14, 15 and 21 and international conventions and covenants.

IANS

Updated Date:

also read

Supreme Court appoints Justice L Nageswara Rao for amending constitution of IOA
Sports

Supreme Court appoints Justice L Nageswara Rao for amending constitution of IOA

A bench headed by Justice DY Chandrachud asked Justice Rao to prepare a road map for amending the constitution and holding elections by December 15, 2022

Supreme Court bench expresses displeasure over new case listing system introduced by Chief Justice UU Lalit
India

Supreme Court bench expresses displeasure over new case listing system introduced by Chief Justice UU Lalit

The new listing system is not giving adequate time to take up matters fixed for hearing like the present case as there are number of matters within the span of an afternoon session, said a bench headed by Sanjay Kishan Kaul

Sourav Ganguly all set to continue as BCCI president for another term after SC accepts amendment to board's constitution
First Cricket News

Sourav Ganguly all set to continue as BCCI president for another term after SC accepts amendment to board's constitution

Supreme court do away with the three-year cooling-off period; allowing Sourav Ganguly and Jay Shah a shot at six-year tenure (two terms of three years each) at a stretch as BCCI president and secretary respectively