The story so far: Sameena Begum, a Delhi-based victim of instant triple talaq and a fraud marriage approached the Supreme Court in 2018 seeking a ban on nikah halala. Following her petition, the Court issued notices to the Government of India, the National Human Rights Commission, the National Commission for Women and the National Minorities Commission. The five-judge Bench headed by Justice Indira Banerjee shall hear the case this October.
Why did Sameena Begum approach the Supreme Court?
Sameena Begum filed a PIL seeking the annulment of halala marriage and polygamy. She requested the court that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, be declared arbitrary and in violation of Articles 14, 15, 21 and 25 of the Constitution. She has also requested the court to ensure that provisions of the Indian Penal Code, 1860, apply to all Indian citizens. She contended that nikah halala is rape under IPC Section 375.
