Supreme Court challenge to the constitutional validity of polygamy

2 entries over 20 days, from 1 August 2026 to 20 August 2026.

01
1 August

Supreme Court petition to ban polygamy

The Supreme Court has issued a notice to the Union government regarding a petition seeking to declare polygamy among Muslims unconstitutional.
Petitioners seek a directive for the government to take legislative steps to abolish polygamy across all religions.
The petition specifically requests the uniform application of Section 82 of the Bharatiya Nyaya Sanhita (BNS), which criminalizes bigamy, by removing exemptions currently provided under Muslim Personal Law.
The petitioners argue that the practice of polygamy is a primary driver of female destitution.

02
20 August

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.

Newest first. A story that ran for 20 days is exactly the kind the mains paper asks about as one question.

Discuss the constitutional challenges associated with personal laws in India, particularly in the context of gender equality and the right to non-discrimination under Articles 14 and 15. 150 words · 20 August
The debate over the codification of personal laws often highlights the tension between religious freedom and the constitutional mandate for a uniform civil code. Critically analyze the role of the judiciary in balancing these aspects while ensuring the protection of fundamental rights for women. 250 words · 20 August
Discuss the constitutional challenges in balancing personal laws with the principle of a Uniform Civil Code in the context of gender justice and equality. 150 words · 1 August
The debate over the practice of polygamy highlights the tension between religious freedom and the fundamental right to equality. Critically analyze the role of the judiciary in harmonizing personal laws with constitutional morality. 250 words · 1 August

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