Proponents of the petition argue that the current legal exemption for polygamy among Muslims is an outdated relic that undermines the constitutional promise of equality. By allowing a practice that is criminalized for the rest of the population, the law creates a two-tier system where Muslim women are denied the same protections and dignity afforded to women in other communities. Supporters emphasize that the goal is to ensure that every citizen, regardless of their faith, is governed by a consistent set of laws that prioritize human rights over traditional customs.
From this perspective, the legal vacuum created by the 1937 Shariat Act is a primary driver of social inequality. Advocates point out that without mandatory marriage registration, it is difficult for women to prove their marital status, which complicates their access to maintenance, inheritance, and property rights. By bringing Muslim marriage laws in line with the Bharatiya Nyaya Sanhita, the state could provide a robust safety net for women, preventing the exploitation that often occurs in secret or unregistered polygamous unions.
Furthermore, supporters argue that many Muslim-majority nations have already reformed their laws to restrict or abolish polygamy, proving that such changes are compatible with Islamic principles. They contend that the practice is not an essential religious requirement but a permissive one that has been misused in modern times. Therefore, judicial intervention is seen as a necessary step to modernize the legal framework and protect vulnerable individuals from systemic discrimination.