Declare nikah halala as rape and polygamy an offence: PIL in SC

New Delhi: A Public Interest Litigation (PIL) has been filed in the Supreme Court on Monday demanding it to declare nikah halala and polygamy as 'unconstitutional'.

The PIL has been filed by lawyer and political activist Ashwini Upadhyay, according to ANI.

Through his plea, Upadhyay pleaded before the top court to declare both the practices as violation of fundamental rights.

"I have filed a PIL to declare Section 2 of Muslim Personal Act, which recognises polygamy and Nikah Halala, as unconstitutional and violation of fundamental rights," Upadhyay told ANI.

The petitioner also urged the top court to declare 'Nikah Halala' as rape under section 375 of the Indian Penal Code (IPC) and declare polygamy an offence under Section of 494 of the IPC and also triple talaq, an offence under Section 498 of the IPC.

"I have also requested the SC to declare Nikah Halala as rape under Section 375 of the IPC, polygamy an offence under Section 494 of the IPC and triple talaq an offence under Section 498 of the IPC," Upadhyay said.

Also requested SC to declare Nikah Halala as rape under 375 IPC, declare polygamy an offence under 494 IPC & triple talaq an offence under 498 IPC: Ashwini Upadhyay, lawyer who filed an PIL in Supreme Court on Nikah Halala & Polygamy

— ANI (@ANI) March 5, 2018

The practice of 'Nikah Halala' requires the divorced woman to marry someone else, consummate the marriage and then get a divorce in order to again marry her first husband under the Muslim personal law. 

(With ANI inputs)