Supreme Court Issues Notice In Plea To Ban Muslim Polygamy

The Supreme Court today issued a notice on a petition seeking a complete ban on the practice of polygamy among Muslims and stronger legal safeguards for women.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana has asked the Centre to submit a response, further instructing that the plea be tagged with similar pending cases.

The petition, filed by women's rights activist Zakia Soman, Dr. Noorjehan Safia Niaz and others, has challenged the constitutional validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, insofar as it recognises and validates polygamy.

Filed through Advocate Shriya Maini, the plea contends that the provision creates a legal vacuum by exempting Muslim men from prosecution for bigamy, despite Section 82 of the Bharatiya Nyaya Sanhita (BNS) criminalising bigamy for other citizens with imprisonment of up to seven years.

Highlighting that several Muslim-majority countries, including Tunisia and Turkey, have already abolished polygamy, the petition seeks a declaration that the practice is unconstitutional and directions for the uniform application of bigamy laws across all religions.

Apart from seeking the criminalisation of polygamy by extending Section 82 of the BNS to all citizens irrespective of religion, the petition also sought mandatory registration of all Muslim marriages and divorces to curb secret subsequent marriages. Court has been told that the practice is not an essential religious practice in Islam but merely a permissive one subject to the condition of "absolute justice", and therefore cannot claim constitutional protection under Article 25 when weighed against principles of gender equality and constitutional morality.

Way back in August 2022 a Constitution Bench of the Supreme Court had in fact issued notices in this batch of petitions challenging the constitutional validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, alleging that it is violative of Article 14, 15, 21 of the Constitution, insofar as it recognizes and validates the practice of polygamy and Nikah-Halala.

A Constitution bench of the top court comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh, and Sudhanshu Dhulia had issued notice to the National Commission for Women, National Minority Commission, and National Human Rights Commission to respond to the issues raised by the petitions.

The petitions have challenged the practice of Polygamy (allowing husbands to have multiple wives), Nikah-Halala (after divorce, a woman has to necessarily consummate another marriage and get a divorce to marry her earlier husband), Nikah mut’ah, and Nikah al-misyar (temporary marriage contracts without marital rights) which have been validated in Section 2 of the Act.

The following issues have been raised in the petition filed by Advocate Ashwini Upadhyay:

Is Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, in violation of Articles 14 and 15 of the Constitution as it discriminates against women and breaches the right to equality?

Is Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 in violation of the women's constitutionally guaranteed right to dignity under Article 21 of the Constitution?

Whether Sections 498A, 375, and 494 of the Indian Penal Code, 1860 should be used to criminalise triple talaq, polygamy, and nikah halala, respectively.

It may also be noted that the All India Muslim Personal Law Board (AIMPLB) has also moved an application for impleadment in the matter. While referring to Section 29 of the Hindu Marriage Act, 1955, the AIMPLB's application stated that “the laws relating to marriage and divorce of Hindus themselves are not uniform and thus the customs and practices have been protected by the Statute itself by adding Section 29(2) of the Act.”

Case Title: Zakia Soman vs Union Of India

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: July 31, 2026