The petition was filed by five activists, who sought to have polygamy treated as a criminal offence under Section 82 of the Bharatiya Nyaya Sanhita. Following a petition challenging the constitutional status of polygamy, the court sought the Centre’s response last week. It also asked the Centre to consider taking suitable legislative steps to abolish the practice for all citizens, irrespective of religion.
The Muslim men’s supposed right to have multiple wives is once again before the Supreme Court.
Following their petition, the apex court had invalidated instant triple talaq in August 2017. Following the verdict, the Centre framed the Muslim Women (Protection of Rights on Marriage) Act in 2019. Says verse 3 of Surah Nisa, “If you fear you might fail to give orphan women their due rights if you were to marry them, then marry other women of your choice — two, three, or four.
Pertinently, this verse was revealed at a time when many men used to have multiple spouses, their numbers often running into three figures. They sought compulsory registration of Muslim marriages and divorces with State authorities to prevent any second or subsequent marriage of a man with a subsisting marriage. In case this was flouted, the first wife and children should have the first and lasting right to the matrimonial home. The petitioners also sought the court to direct the Law Commission of India or the Union government to prepare a draft for the codification of Muslim Personal Law that aligns marriage, divorce, and succession with constitutional principles of gender equality. Incidentally, two of the activists had reached out to the Supreme Court to prohibit instant triple talaq in the famous Shayara Bano and others case. Then too, they argued that the practice of triple talaq violates fundamental rights of women. The court had then refrained from giving its verdict on polygamy and nikah halala, which too had been sought. The Act made instant triple talaq a punishable offence. But if you are afraid you will fail to maintain justice, then content yourselves with one.
Polygamy is not limited to Muslims or their personal law. The highest prevalence of polygamy was noticed in the Christian community. Less than 2% of Muslim men had multiple wives, according to the NFHS data from 2019-21. The respective figures for the two communities were 2.1% for Christians and 1.9% for Muslims. Only 1.3% of Hindu men have more than one wife.
