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Muslim personal laws: SC declines to interfere

Legal Correspondent

Says Parliament alone can change law

New Delhi: The Supreme Court on Wednesday dismissed at the admission stage a public interest petition challenging the legality of the customs of polygamy, talaq and divorce practised by Muslims under personal laws.

A Bench consisting of Justices Ruma Pal and Markandey Katju rejected the plea by Lily Thomas, an advocate, for a direction to the Centre to make uniform marriage laws for all communities. It asked her to approach the Government as it was for Parliament to make laws. "Go to Parliament. A Muslim may have four wives — it is for Parliament to change or amend the law and judges must exercise judicial restraint."

The petitioner said polygamy, talaq and divorce were irrational anachronisms, which offended and denied the fundamental rights of Muslim women and ought to have been wiped out long ago as indecent practices, not to say illegal, unconstitutional and anti-national. The Muslim Personal Law (Shariat) Application Act 1957 gave the customs the force of law.

She said personal laws for different communities on the basis of religion militated against secularism and national integration. There was no mention at all in the Shariat Act that Muslim marriage was polygamous or that talaq divorce was a whimsical exercise of husband domination.

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