INDIA’S TOP COURT SEEKS GOVERNMENT RESPONSE ON PLEA TO BAN POLYGAMY AMONG MUSLIMS

Sun 02 August 2026:

Supreme Court in India on Saturday issued notice on a petition seeking a complete ban on polygamy among Muslims and stronger legal protections for women. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana directed the Centre to file its response and ordered that the plea be tagged with similar pending cases.

Filed by women’s rights activists Zakia Soman, Dr. Noorjehan Safia Niaz and others through advocate Shriya Maini, the petition challenges the constitutional validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, insofar as it recognises and validates polygamy. The petitioners argue that the provision creates a legal vacuum by exempting Muslim men from prosecution for bigamy, even though Section 82 of the Bharatiya Nyaya Sanhita criminalises the offence for other citizens with imprisonment of up to seven years.

Highlighting that several Muslim-majority nations, including Tunisia and Turkey, have already abolished polygamy, the petition seeks a declaration that the practice is unconstitutional. It also demands uniform application of bigamy laws across all religions, extension of Section 82 of the BNS to every citizen regardless of faith, and mandatory registration of all Muslim marriages and divorces to prevent secret subsequent marriages.

The plea contends that polygamy is not an essential religious practice in Islam but only a permissive one conditional on “absolute justice.” Consequently, it cannot claim protection under Article 25 when weighed against gender equality and constitutional morality.

The matter has a longer history. In August 2022, a Constitution Bench had issued notices in a batch of petitions challenging Section 2 of the 1937 Act for recognising polygamy, Nikah-Halala, temporary marriage contracts and related practices, alleging violations of Articles 14, 15 and 21. The All India Muslim Personal Law Board has sought impleadment, pointing out that Hindu personal laws themselves preserve certain customs under Section 29 of the Hindu Marriage Act.

The latest notice marks a fresh step in the long-running debate over personal laws, equality and uniform civil code principles.

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Muslims and the Myth of Polygamy in India

Hindu nationalism is a movement that aims at creating an ethnic Hindu nationalist consciousness as well as a Hindu nationalist state in India. The Hindu nationalist political party, the Bharatiya Janta Party (BJP) have both been very critical of the separate personal law provisions for religious minorities in India, and especially of Muslim family law.

The existence of Muslim family law has often been cited by Hindu nationalists as an example of the appeasement of the Muslim minorities. Hindu nationalists often mobilise the image of the aggrieved Muslim woman vilified by Muslim law to argue for the abolition of Muslim family law. Hindu majoritarian conceptions of Muslim family law also mobilised the tropes of the ‘inequitable’ and ‘insufficient’ control of Muslim men’s sexuality. Hence, the provision of polygamy in Muslim family law has been a particular target of criticism by the Hindu right wing.

Muslims having multiple wives is an accusation levelled against them far too frequently by right-wing politicians in India. It is part and parcel of the prejudice minorities’ face. However, the data shows that only a small, minuscule number of Muslims practise polygamy. In fact, contrary to popular perceptions, it is not Muslims who have the highest number of polygynous marriages in India.

According to the Indian Express, polygamy was widely practised by communities in India. But it has been on a gradual decline according to existing data. However, somehow prejudices and right-wing campaigns give way for polygamy to be the forte of Muslims in India. However, the recent findings from the National Family Health Survey (NFHS) shed light on the prevalence of polygamy in different communities across India. The data clearly busts all myths about polygamy in India.

According to the 2019-20 NFHS data, polygamy exists among several religious groups, albeit with varying rates. The analysis, conducted by the International Institute of Population Studies in Mumbai, highlights the overall decline of polygynous marriages and the influence of socio-economic factors on this practice.

Among Hindus, the data reveals that 1.3% engage in polygamy, while the rate stands at 1.9% for Muslims and 1.6% for other religious communities.

Notably, the study emphasises that polygamy is more prevalent among economically disadvantaged, less educated, rural, and older women, suggesting that socio-economic conditions contribute to the occurrence of the practice alongside religion and region.

Over the period from 2005-06 to 2019-20, polygynous marriages decreased from 1.9% to 1.4%. The north-eastern states of Meghalaya and Tripura exhibit higher rates of 6.1% and 2%, respectively. Polygamy is more prominent in states like Bihar, Jharkhand, West Bengal, and Odisha compared to their northern counterparts.

Scheduled Tribes demonstrate the highest prevalence of polygamy, although the trend is declining. In 2005-06, STs reported a rate of 3.1%, which reduced to 1.5% in 2019-20.

Examining religious groups, the study indicates that the “others” category exhibits the highest rate of polygamy at 2.5%, followed by Christians (2.1%), Muslims (1.9%), and Hindus (1.3%). This can be attributed to the prevalence of polygamy in north-eastern states, where Christianity has a significant presence.

The general trend indicates that economic conditions and education levels are key factors influencing the prevalence of polygamy.

In summary, the NFHS data presents a nuanced picture of polygamy in India, showcasing its presence in diverse religious communities while highlighting a declining overall trend. Socioeconomic factors, regional variations, and religious affiliation all contribute to the prevalence of polygynous marriages.

SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES

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