---
title: "Apex Court Weighs Uniform Ban on Polygamy as Constitutional Challenge Mounts"
url: https://projectchintan.com/article/apex-court-weighs-uniform-ban-on-polygamy-as-constitutional-challenge-mounts-2jwff
publisher: Project Chintan
author: Project Chintan Newsroom
section: India
published: 2026-07-31T07:58:10.000Z
modified: 2026-07-31T10:01:50.755Z
language: en-IN
---

# Apex Court Weighs Uniform Ban on Polygamy as Constitutional Challenge Mounts

The Supreme Court of India has formally requested the Union government's stance on a petition seeking to criminalize polygamy across all religions. The legal challenge argues that current exemptions for Muslim personal law violate constitutional guarantees of gender equality.

## Key takeaways

- Chief Justice Surya Kant issued a notice to the Union government regarding a petition to declare polygamy unconstitutional.
- Petitioners argue Section 82 of the BNS should criminalize bigamy for all citizens, removing current Muslim Personal Law exemptions.
- A seven-state survey cited in court found that 88% of men in polygamous marriages did not obtain consent from their first wives.
- The plea requests the Law Commission to draft a codified law aligning Muslim marriage and divorce with gender equality principles.
- Legal arguments emphasize that other Muslim-majority countries have already restricted polygamy, proving it is not an essential religious practice.

## Legal Attack on Personal Law Exemptions

Chief Justice of India Surya Kant led a Bench on July 31, 2026, issuing a formal notice to the Central government regarding a petition that seeks to abolish polygamy nationwide. Activist Zakia Soman and other petitioners, represented by legal counsel Shriya Maini and Rajive Maini, are pushing for the uniform application of Section 82 of the Bharatiya Nyaya Sanhita (BNS). This specific provision punishes bigamy, but the petitioners argue it is currently undermined by exemptions granted under the Muslim Personal Law (Shariat) Application Act of 1937.

The litigation contends that the Indian Constitution provides no absolute protection for personal laws if they are found to be arbitrary or unjust. By allowing Muslim men to take up to four wives while bigamy remains a criminal offense for Hindus, Christians, and Parsis, the petitioners argue the state is maintaining a discriminatory legal duality.

## The Nexus of Fraud and Female Destitution

Data presented to the court suggests the practice is frequently used to circumvent transparency. A survey spanning seven states—including Maharashtra, Tamil Nadu, and West Bengal—revealed that 88% of husbands involved in polygamous arrangements did not seek consent for a subsequent marriage. Furthermore, 79% of surveyed men failed to even inform their first wives of the new union. The petition characterizes these findings as proof that modern polygamy is driven by fraud rather than the religious ideal of justice.

Advocates for the ban identified polygamy as a primary catalyst for female destitution. To mitigate these risks, the plea demands:
- Compulsory state registration of all Muslim marriages and divorces to prevent clandestine unions.
- Immediate and absolute rights for the first wife and children to the matrimonial home during polygamous attempts.
- A fast-tracked judicial mechanism for financial maintenance.

## Comparative Jurisprudence and the Push for Reform

The petitioners emphasized that many Muslim-majority nations have already moved toward prioritizing monogamy, either through new interpretations of the Quran or state necessity. They argue that polygamy is neither an essential religious practice nor immune to legislative intervention. The plea specifically asks the court to direct the Law Commission or the Union government to draft a codified Muslim Personal Law that aligns succession, marriage, and divorce with modern constitutional principles.

While the petition acknowledges that the Uniform Civil Code remains a distant goal, it highlights recent developments in Uttarakhand, Gujarat, and Assam as proof that legislative reform in this area is functionally viable. The legal move seeks to ensure that no community's personal laws remain outside the jurisdiction of the legislature or the judiciary.

Source: The Hindu — National

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Canonical: https://projectchintan.com/article/apex-court-weighs-uniform-ban-on-polygamy-as-constitutional-challenge-mounts-2jwff
Reported from: The Hindu — National