Supreme Court Issues Notice To Centre On Plea Seeking Ban On Polygamy Among Muslims

New Delhi: The Supreme Court on Friday issued notice to the Union government on a petition seeking a complete ban on the practice of polygamy among Muslims, while also seeking equal legal rights and protections for Muslim women under personal law.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana sought response from the Centre and tagged the matter along with similar pending cases.

The petition, filed by women's rights activist Zakia Soman, Dr. Noorjehan Safia Niaz and others, challenged the constitutional validity of Section 2 of the Muslim Personal Law (Sharia) Application Act, 1937, insofar as it recognises and validates polygamy.

The petition filed through advocate Shriya Maini contended that the provision creates a legal vacuum by exempting Muslim men from prosecution for bigamy, despite Section 82 of the Bharatiya Nyaya Sanhita (BNS) criminalising bigamy for other citizens with imprisonment of up to seven years.

According to the petition, the differential treatment violates Articles 14, 15 and 21 of the Constitution by denying Muslim women equal protection of the law and the right to live with dignity.

It argued that while bigamy is a criminal offence for other communities, Muslim men continue to enjoy a religious exemption, resulting in unconstitutional discrimination.

The plea further submitted that "polygamy causes severe psychological, emotional and economic harm to women and children abandoned in polygamous marriages."

It argued that the practice is not an essential religious practice in Islam but merely a permissive one subject to the condition of "absolute justice", and therefore cannot claim constitutional protection under Article 25 when weighed against principles of gender equality and constitutional morality.

Highlighting that several Muslim-majority countries, including Tunisia and Turkey, have already abolished polygamy, the petition sought a declaration that the practice is unconstitutional and directions for the uniform application of bigamy laws across all religions.

Apart from seeking the criminalisation of polygamy by extending Section 82 of the BNS to all citizens irrespective of religion, the petition also sought mandatory registration of all Muslim marriages and divorces to curb secret subsequent marriages.

It further prayed for guaranteed maintenance, inheritance and housing rights for women and children affected by polygamous arrangements, including an immediate right of the first wife and children to the matrimonial home and a fast-tracked mechanism for financial maintenance.

The plea also sought legal protections for second wives and their children in line with safeguards available under existing law.

Additionally, the petition sought expansion of legal aid, crisis shelters, counselling services and economic support for women affected by polygamy, along with community-led awareness programmes on legal reforms.

The petition has also urged the Supreme Court to direct the Union government or the Law Commission of India to prepare a draft for the codification of Muslim Personal Law governing marriage, divorce and succession in conformity with constitutional guarantees of gender equality, referring to a draft prepared by the Bharatiya Muslim Mahila Andolan following nationwide consultations.