SC issues notice to Centre on plea to ban polygamy
Context
The has issued a notice to the Union government regarding a plea seeking to declare polygamy among Muslims as unconstitutional and pushing for its uniform abolition across all religions. The petition advocates for the codification of and the compulsory registration of Muslim marriages and divorces to align with constitutional principles of gender equality. It highlights that unrestricted polygamy is being phased out in many Muslim-majority countries and argues it causes severe financial and social distress to women.
Exam perspectives
This issue touches upon the complex interplay between Fundamental Rights and Personal Laws in India. The petition relies heavily on the argument that personal laws must adhere to constitutional mandates of equality (Article 14) and non-discrimination (Article 15). While Article 25 guarantees the freedom to practice religion, the state can intervene to regulate secular activities or for social welfare and reform. The plea asserts that polygamy is not an essential religious practice in Islam, a doctrine often invoked by the Supreme Court to determine the limits of state interference in religion. The demand for the uniform application of Section 82 of the Bharatiya Nyaya Sanhita (BNS), which criminalizes bigamy, challenges the exemption currently enjoyed under the Muslim Personal Law (Shariat) Application Act, 1937. This debate is deeply intertwined with the broader discourse on implementing a Uniform Civil Code (UCC) under Article 44 of the Directive Principles of State Policy, which remains a contentious constitutional objective aimed at unifying disparate personal laws.
From a sociological perspective, the practice of polygamy is criticized as a significant driver of gender inequality and female destitution. The petition highlights empirical data showing that a vast majority of second marriages occur without the consent or even knowledge of the first wife, framing the practice as inherently unjust. The lack of compulsory registration for Muslim marriages and divorces exacerbates the vulnerability of women, often leaving them without legal recourse or financial support. The plea advocates for robust mechanisms for financial maintenance and the right to the matrimonial home for the first wife and children, addressing the immediate socio-economic fallout of polygamous marriages. This connects to broader UPSC themes of women's empowerment and the need for legal reforms to dismantle patriarchal structures embedded within personal laws.
The governance challenge lies in the political and administrative complexities of reforming personal laws. The petition urges the Law Commission of India or the Union government to draft a codified Muslim Personal Law that aligns with constitutional principles. Historically, state intervention in minority personal laws has been politically sensitive. However, the petition notes the evolving legal landscape, citing the implementation of a UCC in Uttarakhand and moves by other states like Gujarat and Assam towards regulating or banning polygamy. This demonstrates a growing trend of state-level legislative action addressing issues historically left to religious communities. For UPSC, this highlights the tension between uniformity and diversity in Indian governance, and the role of the judiciary and state legislatures in driving social reform when the central government has hesitated.
Key references
AI-generated study notes, sourced from The Hindu. Verify facts and figures with standard sources.