Supreme Court re-examines polygamy, seeks Centre's view on abolishing practice for all citizens
The Supreme Court is once again examining the constitutional validity of polygamy, specifically Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which permits it. A petition filed by five activists challenges this, arguing it violates Articles 14, 15, and 16 of the Constitution, which guarantee equality. Petitioners seek to criminalize polygamy under Section 82 of the Bharatiya Nyaya Sanhita and annul exemptions under Muslim Personal Law. They also request codification of Muslim Personal Law to align with gender equality principles and compulsory registration of marriages. This follows the court's 2017 invalidation of instant triple talaq, where it refrained from ruling on polygamy and nikah halala.
Key Points
- The Supreme Court is reviewing the constitutional validity of polygamy as permitted by the Muslim Personal Law (Shariat) Application Act, 1937.
- Petitioners argue that polygamy violates fundamental rights to equality under Articles 14, 15, and 16 of the Constitution.
- The plea seeks to criminalize polygamy under Section 82 of the Bharatiya Nyaya Sanhita and ensure compulsory registration of Muslim marriages.
- This re-examination follows the Supreme Court's 2017 decision to invalidate instant triple talaq, a related issue.
Exam Facts
- Petition challenges Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937.
- Constitutional Articles cited: 14, 15, 16 (equality).
- Petitioners seek criminalization under Section 82 of the Bharatiya Nyaya Sanhita.
- Previous landmark cases: Shayara Bano case (2017) on instant triple talaq, Sarla Mudgal case (1995) on Hindu polygamy.
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