Editorial: Supreme Court and polygamy

Notes

• The Supreme Court is currently examining a petition challenging the constitutional validity of polygamy under the Muslim Personal Law (Shariat) Application Act, 1937.
• Petitioners argue that polygamy violates Articles 14, 15, and 16 of the Constitution, which guarantee equality and non-discrimination.
• The petition seeks the criminalization of polygamy under Section 82 of the Bharatiya Nyaya Sanhita, which currently applies to non-Muslims.
• Key demands include the codification of Muslim Personal Law to align with constitutional gender equality and the mandatory registration of marriages and divorces.
• In the 2017 Shayara Bano case, the Supreme Court invalidated instant triple talaq, leading to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
• The Sarla Mudgal (1995) and Lily Thomas (2000) judgments established that a second marriage by a Hindu man after converting to Islam without dissolving the first marriage is void and punishable under Section 494 of the IPC.
• The Quranic interpretation cited suggests that while polygamy is permitted in specific circumstances, the requirement for absolute equality among wives acts as a practical deterrent, encouraging monogamy.

Part of a longer story

This is day 2 of 2 in Supreme Court challenge to the constitutional validity of polygamy, which has been running since 1 August 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

• Supreme Court petition to ban polygamy Before
• The whole story 2 entries