The Supreme Court has issued notice to the Union government on a public interest petition that challenges the practice of polygamy followed in the Muslim community, seeking a declaration that it is illegal and unconstitutional.
The petition was filed by women’s rights activist Jahia Soman. It argues that multiple marriages by Muslim men undermine women’s equality and dignity, and deny fundamental rights to a life free from gender discrimination. It also claims the practice pushes women and their children into hardship and financial distress.
The petitioner has sought directions to make registration of Muslim marriages mandatory to protect the rights of women and children. The plea also asks that, until polygamy is eliminated, affected women be provided financial assistance by the Union government.
Further, it requests that penal provisions relating to polygamy under the Bharatiya Nyaya Sanhita be applied uniformly across all religions. A bench headed by Chief Justice Surya Kant, along with Justices Jaymalya Bagchi and V. Mohana, admitted the petition and directed the Centre to file a detailed response.
With the petition being taken up, the court is expected to examine the constitutional validity of polygamy under Muslim personal law.
