Supreme Court Issues Notice on Plea to Ban Polygamy Among Muslims in India

• The Supreme Court has issued a notice on a petition seeking to ban polygamy among Muslims.
• The petition challenges the constitutional validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937.
• The court has asked the Centre to respond to the petition and has also sought a uniform application of bigamy laws across all religions.
• The potential ban on polygamy could have significant implications for family law in India and may lead to the criminalization of polygamy.

The petition argues that the differential treatment of Muslim women under Section 2 of the Act violates their right to equal protection of the law and the right to live with dignity, as enshrined in Articles 14, 15, and 21 of the Constitution.

The Supreme Court of India has issued a notice on a petition seeking to ban polygamy among Muslims and strengthen legal safeguards for women. The petition, filed by women's rights activists Zakia Soman, Dr. Noorjehan Safia Niaz, and others, challenges the constitutional validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which recognizes and validates polygamy. The court has asked the Centre to respond to the petition, which also seeks a uniform application of bigamy laws across all religions. This development comes after a similar notice was issued by a Constitution Bench of the Supreme Court in August 2022, raising concerns about the practice of polygamy and its implications for women's rights.

The petition argues that the differential treatment of Muslim women under Section 2 of the Act violates their right to equal protection of the law and the right to live with dignity, as enshrined in Articles 14, 15, and 21 of the Constitution. The provision is seen as creating a legal vacuum by exempting Muslim men from prosecution for bigamy, despite Section 82 of the Bharatiya Nyaya Sanhita (BNS) criminalizing bigamy for other citizens with imprisonment of up to seven years. The petition also highlights that several Muslim-majority countries have abolished polygamy, and seeks a declaration that the practice is unconstitutional. Additionally, the petition seeks mandatory registration of all Muslim marriages and divorces to curb secret subsequent marriages.

The potential ban on polygamy among Muslims could have significant implications for family law in India, including the possible criminalization of polygamy. This development is also part of a larger conversation about gender equality in Muslim personal law and the need to harmonize laws across religions. Lawyers and compliance officers should be aware of these developments and their potential impact on clients with multiple marriages or those advising on Islamic marriage contracts.

Lawyers and compliance officers should watch for potential changes to Indian family law, including the possible criminalisation of polygamy, which could impact clients with multiple marriages or those advising on Islamic marriage contracts.

Source: Original reporting via Supreme Court Issues Notice In Plea To Ban Muslim Polygamy