SC issues notice to Centre on plea to ban polygamy
The Supreme Court of India has issued a notice to the Union government regarding a petition to declare polygamy among Muslims unconstitutional. The petitioners are calling for a uniform application of bigamy laws and the codification of Muslim Personal Law to ensure gender equality.
Why it matters
This case highlights the ongoing tension between religious personal laws and the constitutional mandate for gender equality in India.
The Supreme Court on Friday (July 31, 2026) sought the Centre’s response on a petition to declare polygamy among Muslims as unconstitutional, for a direction to take legislative steps to abolish the practice for all citizens regardless of religion.
A Bench headed by Chief Justice of India Surya Kant issued notice to the Union government on a petition filed by activist Zakia Soman and others, represented by advocates Shriya Maini and Rajive Maini, for an order to apply Section 82 of the Bharatiya Nyaya Sanhita (BNS), which punishes bigamy, uniformly and by removing any exemptions under Muslim Personal Law.
The petition sought the compulsory registration of Muslim marriages and divorces with State authorities to prevent the secret subsequent marriages. In cases of polygamous attempts, the petition said the first wife and children should have an absolute and immediate right to the matrimonial home and a fast-tracked mechanism for financial maintenance.
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