The Lucknow bench of the Allahabad excessive court docket has issued a discover to the Attorney General (AG) of India on a public curiosity litigation (PIL) petition filed by the Hindu Personal Law Board searching for declaration of part 494 of the Indian Penal Code (IPC) as unconstitutional because it, in keeping with the petitioner, discriminates between individuals on the premise of faith.

Under IPC part 494, if an individual marries for the second time throughout the lifetime of the primary spouse or husband with out getting a divorce, the wedding is void. For this offence, there’s a provision for seven years’ jail and a wonderful. The legislation is relevant to Hindus, Sikhs and Christians however to not Muslim males who’ve the appropriate to marry 4 occasions below the Muslim Personal Law (Shariat) Application Act, 1937.

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A division bench of justices Devendra Kumar Upadhyay and Subhash Vidyarthi handed the order on February 27 on the PIL filed by Pawan Kumar Das Shastri, normal secretary of the Hindu Personal Law Board.

“Since validity of Muslim Personal (Shariat) Application Act, 1937, is under challenge in this PIL and also that a declaration has been sought from this court for declaring section 494 IPC to be ultra vires, let notices be issued to the Attorney General,” stated the court docket.

Earlier, in March 2018, a three-judge bench of the Supreme Court issued a discover to the Centre on a batch of petitions difficult polygamy and the three different practices in Muslim private legislation as unconstitutional. It had additionally referred the matter to a structure bench for an authoritative pronouncement.

While the principle petition was filed by advocate Ashwini Upadhyay, Sameera Begum, Nafeesa Begum and Mohsin Bin Hussain Bin Abdad Al Kathiri have submitted intervention functions.

Upadhyay challenged part 2 of the Muslim Personal Law (Shariat) Application Act as being unconstitutional and violative of Articles 14 (equality), 15 (non-discrimination) and 21 (life and liberty) of the Constitution.

Polygamy, nikah halala, nikah mutah and nikah misyar are recognised by the private legislation.

According to Upadhyay, nikah halala may be seen as rape below Section 375 of the IPC, and polygamy is an offence below Section 494 of the IPC which offers with bigamy.

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In August 2022, a structure bench additionally issued notices to the National Human Rights Commission, National Commission for Women and the National Commission for Minorities on this batch of petitions.

In 2017, the highest court docket had declared the observe of instantaneous triple talaq unconstitutional, saying it went towards the essential tenets of the Holy Quran. It had, nevertheless, stated petitions towards polygamy and nikah halala could be handled individually.

The Allahabad excessive court docket has granted six weeks’ time to the Attorney General to file a reply. The court docket additionally ordered the Hindu Personal Law Board to file a response inside two weeks after the Attorney General submits his reply. The court docket listed the case for the following listening to after eight weeks.

Advocate Ashok Pandey, who represented the petitioner in court docket, stated: “Section 494 of the IPC discriminates on the basis of religion. Therefore, it should be scrapped.”

“The Hindu Personal Law Board is a trust registered under the Indian Trust Act formed for the protection and promotion of Hindu Personal Laws,” Pandey stated.

The petitioner stated polygamy was prevalent amongst Hindus, together with Buddhists, Jains and Sikhs, but it surely has been prohibited by legislation and declared void below the Hindu Marriage Act, 1955 and made a punishable offence below part 494 of the IPC.

But Muslims are nonetheless being permitted to carry out polygamy due to utility of the Muslim Personal legislation (Shariat) Application Act, 1937, the petitioner added.