Five cases where courts have given secular laws precedence over personal codes
New Delhi: The Supreme Court on Monday admitted a petition filed by a woman to declare the practice of triple talaq, nikah halala and polygamy under Muslim personal laws as illegal, unconstitutional, and violative of the rights to equality, dignity, and freedom of religion under the Constitution. Mint looks at five such cases in which the courts have given secular laws precedence over personal and religious laws. 1) In 1985, the Supreme Court, upholding the decision of the lower courts, directed Shah Bano’s husband to pay her a maintenance amount under the alimony provision of Indian law applicable to all communities. 4) In February 2014, a three-judge Supreme Court bench headed by then chief justice of India, P. Sathasivam ruled that Muslim women had the right to legally adopt children, even though their personal law does not give them that right.
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