In 2015, a two-judge bench of the Supreme Court has ordered registration of a public interest litigation (PIL) and the set-up of a special bench to consider gender discrimination suffered by Muslim women owning to ‘arbitrary divorce and second marriage of their husbands during the currency of their first marriage’.
Now, Jamiat Ulema-e-Hind has opposed the Supreme Court’s decision to take up the matter related to divorce rights of Muslim women. They argue that these matters are related to personal Muslim laws and shouldn’t be deterred, adding that Muslim women have enough protection.
It was pointed out that inspite of guarantee of the Constitution, Muslim women are subjected to discrimination. There is 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.Supreme Court
Background
In 2015, Justices Anil R Dave and Adarsh Kumar Goel issued notice to the Attorney General and National Legal Services Authority of India to reply, on 23 November 2015, whether ‘gender discrimination’ suffered by Muslim women should not be considered a violation of the fundamental rights under Articles 14, 15 and 21 of the Constitution and international covenants.
The 1985 Shah Bano case, reminded the government of the lack of ‘evidence of any official activity for framing a common civil code for the country.’ It had said a ‘common civil code will help in the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.’
16 October 2015, the verdict brought to notice the increasing amount of gender discrimination that violated the constinutional rights of women.
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