The Supreme Court of India has issued a notice to the Union government regarding a new petition that seeks to declare the practice of polygamy among Muslims unconstitutional. A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, requested the government's response to the plea, which argues that the practice violates fundamental rights guaranteed under the Constitution. The court has decided to hear this matter alongside other pending petitions that challenge various provisions of Muslim personal law.
The petition, filed by women's rights activists including Zakia Soman and Noorjehan Safia Niaz, specifically challenges Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. The petitioners contend that this law creates a legal vacuum by exempting Muslim men from the legal consequences of bigamy that apply to other citizens. They are seeking a directive to apply Section 82 of the Bharatiya Nyaya Sanhita (BNS) uniformly, which would criminalize polygamy across all religious communities.
Beyond a total ban, the plea asks for several specific legal protections for Muslim women. These include the mandatory registration of all Muslim marriages and divorces with state authorities to prevent secret marriages, as well as a fast-track mechanism for maintenance and guaranteed rights to the matrimonial home for the first wife and children in cases of polygamous unions. The petitioners argue that these measures are essential to ensure gender equality and protect the dignity of women within the community.
This development marks a significant step in the ongoing judicial conversation regarding the intersection of religious personal laws and constitutional morality. While the court has previously been cautious about intervening in matters of personal law, the current bench's decision to seek the government's stance signals a continued focus on whether such practices can be reconciled with modern standards of equality and non-discrimination.