SC seeks Centre's reply on plea demanding to end Muslim polygamy

New Delhi: In a petition challenging the constitutional validity of polygamy among Muslims and seeking its abolition through the uniform application of criminal law irrespective of religion, the Supreme Court on Friday sought the Centre's response. A Bench headed by Chief Justice of India Surya Kant issued notice to the Union government on the plea filed by activist Zakia Soman and others, Siasat reported.

The petition seeks to extend Section 82 of the Bharatiya Nyaya Sanhita, which criminalises bigamy, to all citizens by removing the exemption available under Muslim personal law. It also seeks mandatory registration of Muslim marriages and divorces, immediate residential rights for the first wife, and a fast-track mechanism for maintenance of the first wife and children in cases involving polygamous marriages.

The petitioners have further urged the court to direct the Union government or the Law Commission to prepare a codified Muslim personal law on marriage, divorce and succession in line with constitutional guarantees of gender equality.

Arguing that polygamy is not an essential religious practice, the plea contends that several Muslim-majority countries have already restricted or abolished the practice through legislative reforms and Quranic interpretation.

It also relies on a survey conducted across seven states, claiming that most second marriages took place without the knowledge or consent of the first wife, and argues that the practice has contributed to fraud and the economic vulnerability of women.

The petition cites Uttarakhand's implementation of the Uniform Civil Code, Gujarat's proposed adoption of it and Assam's position on polygamy to argue that broader legal reform remains both feasible and constitutionally permissible.