Supreme Court Seeks Centre's Response on PIL Challenging Muslim Polygamy

The Supreme Court has sought the Centre’s response to a Public Interest Litigation seeking a ban on polygamy among Muslims and stronger legal protection for women whose husbands marry again while their first marriage is still in force, a TOI report stated.

A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana issued notice to the Centre on Friday after briefly hearing arguments from advocate Shriya Mani, who appeared for petitioner Zakia Soman.

The court also agreed to hear the petition along with other pleas that challenge provisions of Sharia and Muslim personal law. The development comes as the Supreme Court is already examining petitions challenging the practice of talaq-e-hasan.

Soman has asked the Supreme Court to declare the practice of polygamy among Muslims unconstitutional. The petition argues that the practice violates the fundamental rights guaranteed under Articles 14, 15 and 21 of the Constitution.

The petitioner has also sought directions to the government to take legislative measures to abolish polygamy for all citizens, regardless of their religion.

Another key request concerns the rights of Muslim women whose husbands enter into another marriage while the first marriage continues. The plea seeks protection for such women with regard to their matrimonial home and maintenance.

The petition has also raised the issue of Section 82 of the Bharatiya Nyaya Sanhita (BNS), which deals with the punishment for bigamy.

Soman has sought uniform application of the provision and removal of exemptions available to Muslims under personal law.

The plea essentially asks the court to examine whether personal-law provisions permitting a Muslim man to have more than one wife can continue alongside constitutional guarantees of equality and personal liberty.

The latest PIL comes against the backdrop of the Supreme Court’s ongoing examination of talaq-e-hasan, a form of divorce under Muslim personal law.

The apex court is currently seized of nine petitions challenging talaq-e-hasan. The pleas raise broader questions concerning practices under Muslim personal law and their compatibility with constitutional rights.

The Supreme Court’s decision to tag Soman’s petition with similar matters could therefore bring several questions surrounding Muslim personal law before the court together.

For now, the court has only sought the Centre’s response. The notice does not amount to a ruling on the constitutional validity of polygamy.