Why is the Supreme Court examining polygamy again?, Pg8

Key Highlights:

• The Supreme Court is re-examining the constitutional validity of polygamy, specifically challenging its allowance under Muslim Personal Law.
• A petition filed by five activists seeks to abolish polygamy for all citizens, irrespective of religion, and treat it as a criminal offense.
• The petitioners requested the Centre to consider legislative steps to outlaw the practice and sought its response on the matter.
• They also asked for the annulment of exemptions granted under Muslim Personal Law (Shariat) Application Act, 1937, which currently permits polygamy.

Detailed Insights:

• The petition argues that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, violates fundamental rights guaranteed by Articles 14, 15, and 16 of the Constitution.
• Petitioners advocate for the compulsory registration of Muslim marriages and divorces to prevent subsequent marriages without legal dissolution.
• They also seek a directive for the Law Commission of India or the Union government to codify Muslim Personal Law, aligning it with constitutional principles of gender equality.
• Some of the activists involved previously petitioned the Supreme Court to prohibit instant triple talaq, which led to its invalidation in 2017 and the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
• Past Supreme Court rulings, such as the Sarla Mudgal case (1995) and Lily Thomas v. Union of India case (2000), have prohibited Hindu men from converting to Islam solely to contract a second marriage without dissolving the first.
• Islamic texts, like verse 3 of Surah Nisa, are interpreted by some as encouraging monogamy and permitting polygamy only under strict conditions of ensuring complete equality among wives, which is deemed practically impossible.

Key Concepts Involved:

• Polygamy: The practice of having more than one spouse simultaneously.
• Muslim Personal Law (Shariat) Application Act, 1937: A law that applies Muslim personal law to Muslims in India concerning matters like marriage, divorce, and inheritance.
• Bharatiya Nyaya Sanhita (BNS): The new criminal code of India, effective from July 1, 2024, which replaced the Indian Penal Code (IPC).
• Articles 14, 15, and 16 of the Constitution: Fundamental rights ensuring equality before the law, prohibition of discrimination, and equality of opportunity in public employment, respectively.