The Supreme Court on Friday sought the Union government’s response to a petition seeking to declare the practice of polygamy among Muslims unconstitutional and urging Parliament to abolish it for all citizens, irrespective of religion.
A Bench headed by Chief Justice of India Surya Kant issued notice to the Union government on the petition filed by activist Zakia Soman and others. The plea also seeks stronger legal safeguards for Muslim women, including compulsory registration of Muslim marriages and divorces, financial protection for wives and children, and a uniform application of anti-bigamy laws.
The petition asks the court to direct the government to apply Section 82 of the Bharatiya Nyaya Sanhita (BNS), which criminalises bigamy, to all communities by removing the exemption available under Muslim personal law.
It further requests mandatory registration of Muslim marriages and divorces with state authorities to prevent secret second marriages. The petition also seeks an immediate right to the matrimonial home for the first wife and children and a fast-track mechanism for maintenance in cases involving polygamous marriages.
Petition Calls for Reform of Muslim Personal Law
The petitioners have also urged the Supreme Court to direct the Law Commission or the Union government to prepare a draft law codifying Muslim personal law on marriage, divorce and succession in line with the constitutional principles of gender equality.
According to the petition, the Quran promotes the gradual elimination of polygamy and several Muslim-majority countries have already moved towards monogamy through legal reforms or interpretations of Islamic law.
The plea states, “Several Muslim-majority jurisdictions have demonstrated that polygamy is neither essential to the practice of Islam nor immune from legislative reforms.”
Survey Highlights Impact on Muslim Women
The petition relies on a survey conducted across Maharashtra, Gujarat, West Bengal, Karnataka, Tamil Nadu, Delhi and Rajasthan. According to the findings, 88 per cent of husbands who entered into a second marriage did not seek the consent of their first wife, while 79 per cent did not even inform them.
The petition argues that the practice has increasingly become one of deception rather than religious necessity and describes polygamy as a “primary driver of female destitution.”
It also points out that while bigamy is a criminal offence for Hindus, Christians and Parsis, Muslim men are permitted to have up to four wives under the Muslim Personal Law (Shariat) Application Act, 1937.
The plea contends that the Constitution does not provide blanket protection to personal laws that are arbitrary or violate fundamental rights. It argues that personal laws remain subject to judicial review and legislative reform.
Referring to recent legal developments, the petition says Uttarakhand’s implementation of the Uniform Civil Code, Gujarat’s proposed adoption of a similar law and Assam’s stand against polygamy demonstrate that legal reform in this area is both practical and achievable.
The matter will now be heard after the Centre files its response before the Supreme Court.
