SC Seeks Centre's View on PIL to Ban Polygamy Among Muslims
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has sought the Centre's response on a PIL demanding a ban on polygamy among Muslims, arguing it violates constitutional rights. This comes as the Court is already examining petitions against talaq-e-hasan, indicating a broader judicial scrutiny of Muslim personal law practices.
Background
The PIL is part of a series of legal challenges to Muslim personal law provisions, including triple talaq and nikah halala. The Supreme Court has previously struck down instant triple talaq in 2017, and now faces questions on polygamy and other practices.
Key facts
The Supreme Court issued notice to the Centre on a PIL by Zakia Soman seeking a ban on polygamy among Muslims.
The bench comprised CJI Surya Kant and Justices Joymalya Bagchi and V Mohana.
The PIL seeks a declaration that polygamy among Muslims is unconstitutional, violating Articles 14, 15, and 21.
It also seeks a direction for uniform application of Section 82 of the Bharatiya Nyaya Sanhita (BNS), which punishes bigamy.
The petition asks for removal of exemptions for Muslims under personal law regarding polygamy.
The Supreme Court is already hearing nine petitions challenging talaq-e-hasan.
The PIL was tagged with other similar petitions challenging Sharia or Muslim personal law provisions.
The petitioner's counsel was Shriya Mani.
The PIL also seeks rights for women over matrimonial home and maintenance when husbands remarry.
The Court has not yet issued a stay on polygamy, only sought the government's view.
Prelims pointers
- Articles 14, 15, and 21 of the Indian Constitution
- Section 82 of the Bharatiya Nyaya Sanhita (BNS) 2023
- Supreme Court bench composition: CJI Surya Kant, Justices Joymalya Bagchi, V Mohana
- Talaq-e-hasan: a form of divorce in Islamic law
- PIL: Public Interest Litigation
- Sharia: Islamic religious law
- Muslim Personal Law (Shariat) Application Act, 1937
Mains angles
- Discuss the constitutional validity of polygamy under personal law in light of Articles 14, 15, and 21.
- Examine the conflict between personal laws and fundamental rights, with reference to judicial precedents like the triple talaq case.
- Critically analyze the need for a Uniform Civil Code in India.
- Evaluate the role of the Supreme Court in reforming personal laws and ensuring gender justice.