Court is strict on crimes under the guise of ‘Nikah Halala’, know what has been said since 2017 till now?

Nikah Halala is once again in discussion. The reason for this is the recent decision of the Allahabad High Court, in which the court clearly said that if a crime is committed against a woman in the name of Nikah Halala, then it cannot be ignored just by calling it a religious practice. The court also said that laws like POCSO and Indian Criminal Law are above any personal law. In such cases, if rape, gangrape, sexual exploitation or crime related to a minor comes to light, then action will be taken as per law. After this decision, questions are being raised once again that what have the courts said till now regarding Nikah Halala? Because in the last few years, many Muslim women have approached the court challenging this practice.

If we talk about Nikah Halala, there is a debate going on in India for a long time. Supporters say that it is part of Islamic law, while opponents say that it is against the dignity and fundamental rights of women. Many women petitioned the court claiming that in some places women are exploited in the name of Halala and they are forced to marry and have physical relations with another person. For this reason, many cases reached from the Supreme Court to different High Courts. However, till now the Supreme Court has not given the final decision on the constitutional validity of Nikah Halala.

The whole matter at a glance

• In 2017, the Supreme Court decided on triple talaq, but not on Nikah Halala.
• In 2022, many Muslim women challenged Halala in the Supreme Court.
• Allahabad High Court said, crime cannot be hidden under the guise of Halala.
• After the implementation of UCC in Uttarakhand, the first FIR related to Halala was registered.

Discussion started in 2017

Nikah Halala came into discussion at the national level for the first time when the case of triple talaq was going on in the Supreme Court. In August 2017, the Supreme Court declared instant triple talaq unconstitutional. However, in that decision the court made it clear that it is not giving any decision on issues like Nikah Halala and polygamy. After this, separate petitions were filed on both these subjects. Now after an old case has come to light, discussion on it has started again.

The decision is pending in the Supreme Court

In the year 2022, many Muslim women challenged Nikah Halala and polygamy in the Supreme Court. She said that these practices violate women’s right to equality, dignity and respect. The petitioners alleged that in many cases women are exploited in the name of Halala. On this, the five-judge Constitution bench of the Supreme Court started hearing and sought answers from the National Commission for Women (NCW), National Human Rights Commission (NHRC) and National Minorities Commission (NCM) along with the Central Government. However, the court declared Nikah Halala neither valid nor illegal. The final decision of the Supreme Court in this matter is still yet to come.

First FIR in Uttarakhand

After the implementation of Uniform Civil Code (UCC) in Uttarakhand, the first case related to Nikah Halala was registered. A woman from Haridwar accused her husband and in-laws of dowry harassment, triple talaq and pressurizing her for Nikah Halala. The woman said that to keep her together again, the husband asked her to perform Halala first. After the complaint, the police registered a case against the husband and other accused under UCC, Indian Judicial Code (BNS), Dowry Prohibition Act and other relevant sections. This is believed to be the first case registered on charges of Nikah Halala under UCC in Uttarakhand.

What is the recent case?

The recent case has come before the Allahabad High Court. This case before the Allahabad High Court was related to a woman from Amroha, Uttar Pradesh. The woman alleged that she was married at a young age and was later given triple talaq. After this, her second marriage was arranged in the name of Nikah Halala, where she was raped. Later, she was also accused of gang rape on the pretext of Halala. The accused demanded cancellation of the FIR, but the High Court rejected it. The court said that if crimes like rape, gangrape or sexual exploitation of a minor are committed under the guise of Halala, then POCSO and criminal laws will be applicable on them. Such crimes cannot be avoided by citing personal law or religious practice. However, the court did not give any decision on the constitutional validity of Nikah Halala.

What is Nikah Halala?

Nikah Halala is a religious practice which is followed by some Muslim communities. According to this, if a husband gives triple talaq to his wife and later wants to remarry her, then the woman will first marry another man. In that marriage, after the physical relationship between husband and wife, if for some reason the second husband divorces her or he dies, then only the woman can remarry her first husband. However, many allegations of coercion or exploitation in the name of Halala have come to light. For this reason, the issue of its constitutional validity has not yet been finally decided in the Supreme Court.