India Supreme Court Seeks Govt Response on Muslim Polygamy Ban

On July 31, the Supreme Court of India issued a notice to the Union government on a petition filed by activist Zakia Soman and fellow petitioners seeking to declare polygamy among Muslims unconstitutional. The plea asks the Court to direct Parliament to abolish the practice for all citizens, apply Section 82 of the Bharatiya Nyaya Sanhita uniformly across religions, and mandate registration of Muslim marriages and divorces with state authorities. It also requests a fast‑track maintenance mechanism for first wives and a draft codifying Muslim personal law in line with gender‑equality principles.

The petition cites a survey covering seven Indian states that found 88% of Muslim husbands did not obtain consent from their first wife before a second marriage, and 79% failed to inform her at all, arguing that polygamy contributes to women’s destitution. It also references a Bharatiya Muslim Mahila Andolan report indicating high support among Muslim women for criminalising the practice. The Supreme Court has asked the Centre to comment on these claims and the proposed legal reforms.