Supreme Court Examines Constitutional Validity of Polygamy

The Supreme Court of India has recently issued a notice to the Union Government, seeking its formal response regarding a petition that challenges the constitutionality of polygamy as practiced under Muslim personal law. The petitioner argues that such practices are inconsistent with the fundamental rights guaranteed under the Constitution, specifically Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), and 21 (Right to Life and Personal Liberty). The plea advocates for the uniform application of Section 82 of the Bharatiya Nyaya Sanhita (BNS), which criminalizes bigamy, to all citizens regardless of their religious affiliation. This legal challenge brings to the forefront the long-standing tension between the protection of religious freedom under Article 25 and the overarching principles of constitutional morality and gender justice. Proponents of the plea argue that personal laws must evolve to align with modern standards of human rights, ensuring that women are not subjected to discriminatory practices that undermine their dignity and social status.