Supreme Court Re-examines Polygamy Through Constitutional Equality

Why in the News ?

The Supreme Court has sought the Centre’s response to a petition challenging the constitutional validity of polygamy under Muslim Personal Law. The Court has also asked the government to consider legislative measures to abolish the practice for all citizens, bringing the issue of gender equality and personal laws into focus.

Petitioners’ Demands and Constitutional Concerns

●     Five activists have challenged Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which is interpreted as permitting polygamy among Muslims.

●     They argue that the practice violates Articles 14, 15 and 16, which embody principles of equality and non-discrimination.

●     The petitioners have sought recognition of polygamy as a criminal offence, including by invoking Section 82 of the Bharatiya Nyaya Sanhita (BNS).

●     Section 82 penalises marrying again during the subsistence of an existing marriage, although its application and interaction with personal-law exemptions are central to the dispute.

●     They have demanded compulsory registration of Muslim marriages and divorces with State authorities.

●     They have also sought codification of Muslim Personal Law relating to marriage, divorce and succession in accordance with constitutional principles of gender equality.

●     The petitioners want safeguards ensuring that the first wife and children retain rights in the matrimonial home if subsequent marriages occur.

●     The Court’s request for the Centre’s response could reopen a significant debate over the relationship between personal laws, fundamental rights and gender justice.

Earlier Judicial Rulings on Marriage and Personal Law

●     In Sarla Mudgal v. Union of India (1995), the Supreme Court held that a Hindu man cannot convert to Islam merely to contract a second marriage while the first marriage remains legally valid.

●     The Court declared such a subsequent marriage void, preventing conversion from being used to circumvent monogamy requirements.

●     In Lily Thomas v. Union of India (2000), the Court reaffirmed the principle laid down in Sarla Mudgal.

●     In Shayara Bano v. Union of India (2017), the Supreme Court invalidated instant triple talaq (talaq-e-biddat).

●     The judgment did not decide the constitutional validity of polygamy or nikah halala.

●     Subsequently, Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, making instant triple talaq a punishable offence.

 About Personal Laws, Equality and Uniform Civil Code:

●     Personal laws regulate matters such as marriage, divorce, inheritance and adoption for different religious communities.

●     Article 14 guarantees equality before law and equal protection of laws.

●     Article 15 prohibits discrimination on grounds including religion and sex.

●     Article 16 guarantees equality of opportunity in public employment.

●     Article 25 protects freedom of conscience and the right to freely profess, practise and propagate religion, subject to public order, morality, health and other Fundamental Rights.

●     Article 44 directs the State to endeavour to secure a Uniform Civil Code (UCC) for citizens throughout India.

●     The central constitutional debate is whether practices governed by personal law can be protected by religious freedom when they are alleged to conflict with equality and gender justice.

●     The issue requires balancing individual rights, religious freedom, gender equality, personal autonomy and constitutional morality.