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India Supreme Court asks govt to respond on Muslim polygamy

Published 31 July 2026

The Supreme Court of India has asked the central government to formally respond to a public interest litigation seeking to declare the practice of polygamy among Muslims unconstitutional. The bench, headed by Chief Justice Surya Kant and including Justices Joymalya Bagchi and V. Mohana, issued the notice on Friday, July 31, 2026, and directed that the petition be considered alongside other pending cases challenging aspects of Muslim personal law.

The petition was filed by women's rights activists Zakia Soman and Noorjehan Safia Niaz, among others. It argues that the legal exemption for Muslim men under personal law creates unconstitutional discrimination. While Section 82 of the Bharatiya Nyaya Sanhita criminalizes bigamy for other citizens with potential imprisonment, Muslim personal law, as validated by the Shariat Application Act of 1937, permits a man to have up to four wives. The petitioners contend this violates the fundamental rights to equality, non-discrimination, and a life with dignity guaranteed under Articles 14, 15, and 21 of the Constitution.

Beyond seeking a declaration of unconstitutionality, the plea requests several specific legal reforms. It calls for the...

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