Introduction
The Supreme Court is examining a plea to declare polygamy unconstitutional and criminalize it uniformly under Section 82 of the Bharatiya Nyaya Sanhita (BNS).
1. Polygamy in India
- Historical Shift: Once practiced across communities, it was largely abolished post-independence via secular legal reforms.
- Current Applicability: Legally permissible today only for Muslims and select Scheduled Tribes exempt from codified laws.
2. Types of Polygamy
- Polygyny: One man marrying multiple women simultaneously (the core focus of current litigation).
- Polyandry: One woman marrying multiple men (historically tied to resource scarcity, now exceedingly rare).
3. Legal Provisions Related to Polygamy in India
- BNS Section 82: Punishes bigamy with up to seven years imprisonment for citizens under codified family laws.
- Shariat Act, 1937 (Section 2): Legally exempts Muslim men, allowing polygamous unions.
- Hindu Marriage Act, 1955: Strictly mandates monogamy for Hindus, Sikhs, Buddhists, and Jains.
4. Status of Polygamy in India
- NFHS-5 Data: National prevalence is remarkably low at just 1.4%, debunking popular societal myths.
- Theological Reality: Quranic texts actively encourage monogamy, permitting multiple wives only under strict humanitarian conditions requiring absolute equality—a condition texts call a “practical impossibility.”
5. Impact of Polygamy on Indian Society
- Gender Subjugation: Inherently violates women’s fundamental rights to dignity and equality (Articles 14 & 21).
- Economic Destitution: Fragments household resources, leaving first wives and children financially vulnerable.
- Legal Insecurity: Uncodified frameworks deny women standardized rights to maintenance and property.
6. Important Judgements Related to Polygamy in India
- Sarla Mudgal (1995): Criminalized feigning conversion to Islam solely to bypass secular monogamy laws.
- Shayara Bano (2017): Struck down instant triple talaq, affirming that gender justice supersedes arbitrary patriarchal customs.
Conclusion
The judicial scrutiny of polygamy offers a historic opportunity to correct systemic gender imbalances perpetuated under the garb of religious freedom
| This concept has been mentioned in the following article: Constitutional Morality vs. Personal Laws: The Case for Abolishing Polygamy |