Plea filed in SC against law allowing bigamy for Muslims

A plea has been filed in the Supreme Court, challenging provisions of law that allowed Muslim men to indulge in bigamy, saying it made the life of women miserable, pitiable, and disgraceful, besides being against the basic constitutional framework.

A group of women led by Kiran Singh and a Lucknow-based NGO, Jan Udghosh Sansthan claimed the bigamous marriages were a curse on the women and went against their dignity, prestige, and decency.

"This system is in fact, exploitative of women and against the spirit of human dignity, decency, and equality, the basic theme of the Constitutional framework," the petition filed by advocate Vishnu Shankar Jain on their behalf said.

The petitioners sought a direction to strike down Section 2 of Muslim Personal Law (Shariat) Application Act, 1937 in so far it recognised the system of bigamy or polygamy prevalent in the Muslim community.

"Muslim law in so far it permits to have more than one wife at a time is against the very spirit of the Constitution as it discriminates on the basis of gender and there is no valid reason for continuing polygamy or bigamy in the national interest," their plea said.

They also sought an order to read down Section 494 of the Indian Penal Code, which allowed such marriages, saying such a "system of bigamous marriage is irrational, illogical, discriminatory and oppressive for women and is ultra vires to Article 14 and 15(1) of the Constitution".

The petitioners said since the criminal law was administered by the State, it cannot describe an offence on the basis of creed, caste, or religion.

The second marriage solemnised by a Hindu, Christian, or Parsi during the lifetime of his spouse would be punishable under Section 494 of IPC but at the same time such marriage is not punishable if contacted by a Muslim, the plea said.

"Therefore, Section 494 is making discrimination only on the basis of religion, which is per se in violation of Article 14 and 15(1) of the Constitution," it claimed.

"It cannot be that a particular act is valid for someone and same is an offence for the persons belonging to a particular creed, caste or religion and therefore, such provision will be offending Article 14 and 15(1) of the Constitution," their plea said.