Case Study: Supreme Court on Muslim Polygamy (PAPER-I) The Supreme Court has sought the Union Government's response to a PIL seeking abolition of polygamy among Muslims, with petitioners challenging Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which permits up to four wives, as allegedly inconsistent with Articles 14, 15 and 16. NFHS-5 (2019–21) recorded polygamy among Christians (2.1%), Muslims (1.9%) and Hindus (1.3%), showing that the practice cuts across religious communities. 💍Polygyny — 2.3 Types of Marriage The case illustrates the tension between cultural/religious sanction and contemporary legal regulation. Uttarakhand's UCC bans bigamy and polygamy, though Scheduled Tribes are exempted, demonstrating variation in the legal regulation of marriage. 🖼 Gender & Power — 2.3 Feminist Critique of Marriage The PIL seeks abolition on grounds of gender equality, while petitioners have sought protection of the first wife and children. It therefore enables a feminist reading of polygyny as a site where marital rights, power and gender inequality intersect. 🧑⚖️ Judicial Transformation — 2.3 Contemporary Changes in Marriage In Javed (2003), the Supreme Court held that although Muslim Personal Law permits multiple wives, polygamy is not an essential religious practice protected under Article 25. Shayara Bano (2017) invalidated instant triple talaq while leaving polygamy and nikah halala open for future adjudication. 📖 Conversion & Bigamy — 2.3 Marriage Regulations / Contemporary Changes Sarla Mudgal (1995) and Lily Thomas (2000) held that a non-Muslim husband cannot convert to Islam merely to evade bigamy restrictions and contract another marriage. Bhaurao Shankar Lokhande (1965) established that conviction for bigamy requires the second marriage to have been validly solemnised with the requisite ceremonies. ⚖️ Contemporary Legal Framework — 2.3 Marriage Regulations Under Section 82 of the BNS, 2023, bigamy is a criminal offence for those to whom the provision applies, punishable by up to 7 years' imprisonment. The differential legal treatment of communities, alongside the UCC debate, illustrates the continuing negotiation between personal law, constitutional equality and uniform regulation of marriage. The case demonstrates that marriage is culturally variable but continually transformed by law, gender norms and social change. Polygyny can therefore be examined simultaneously as a form of marriage (Murdock), a system of social relations, and a site of gendered power and contemporary legal transformation. @ANTHROCompass
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