Indian Muslims

New Delhi: The Supreme Court of India on Saturday issued a notice to the Central government on a petition seeking a complete ban on polygamy among Muslims and stronger legal protections for Muslim women. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana directed the Centre to file its response and ordered that the petition be tagged with similar matters already pending before the apex court. The petition has been filed by women's rights activists Zakia Soman, Dr. Noorjehan Safia Niaz, and others through advocate Shriya Maini. It challenges the constitutional validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to the extent that it recognises and validates polygamy. According to the petitioners, the provision creates a legal vacuum by exempting Muslim men from prosecution for bigamy, even though Section 82 of the Bharatiya Nyaya Sanhita (BNS) criminalises the offence for other citizens with imprisonment of up to seven years. The plea seeks a declaration that polygamy is unconstitutional and calls for the uniform application of bigamy laws across all religions. It also requests that Section 82 of the Bharatiya Nyaya Sanhita be extended to every citizen regardless of religion and seeks mandatory registration of all Muslim marriages and divorces to prevent secret subsequent marriages. Referring to international examples, the petition states that several Muslim-majority countries, including Tunisia and Turkey, have already abolished polygamy. The petition further contends that polygamy is not an essential religious practice in Islam but only a permissive one conditional on "absolute justice." It argues that the practice cannot claim protection under Article 25 of the Constitution when weighed against the principles of gender equality and constitutional morality. The matter has been under judicial consideration for several years. In August 2022, a Constitution Bench of the Supreme Court issued notices on a batch of petitions challenging Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, for recognising polygamy, Nikah-Halala, temporary marriage contracts, and related practices, with the petitioners alleging violations of Articles 14, 15, and 21 of the Constitution. The All India Muslim Personal Law Board (AIMPLB) has sought to be impleaded in those proceedings, arguing that Hindu personal laws also preserve certain customs under Section 29 of the Hindu Marriage Act. With the latest notice, the Supreme Court has taken another step in the ongoing legal examination of personal laws and their compatibility with constitutional guarantees of equality. The Centre's response is now awaited, while the matter will be heard along with similar pending petitions concerning personal laws, gender justice, and constitutional rights.