After the verdict of Triple Talaq case Supreme Court set up a constitutional
bench for the purpose of examining the validity of polygamy among the Muslim
community because No one is above than law.
The word polygamy means a husband have a more than one wife at the same time .
It was very common practice in a ancient time . A husband might have a many
wives at same time .but after the coming of Indian penal code It is crime under
the 494 of Indian penal code but Muslim male have a immunity from this
section . According to Muslim law Any Muslim may have a upto four wives at same
It is a violation of following fundamental right of Indian constitution and
Article 14:- Article 14 states that equality before law and equal protection of
law it means that law should be equal to all person .and law will be treated
all person as equal while exception of Muslim male from polygamous law is a
violation of equality on the basic of gender, Religion.
Article 15:- Article 15 states that there shall be no discrimination on the
basic of religion, race, cast, gender, place of birth while exception of Muslim
male from polygamous law violates the provision of Article 15 on the basic on
religion and gender If polygamy is a crime for other religion than why not
for Muslim male? And under the Muslim, Muslim male have a right of polygamy but
not for Muslim female ? If it is not a discrimination than what is it
Article 15 (3) :- This Article says that No laws can be against the women and
children but the provision of polygamy for the Muslim male violates the
provision of it
Article 21:- Right to life with dignity is a fundamental right of every
individual whether Citizen or non citizen and marry with a second wife during
the lifetime of first wife reduce the dignity of the first wife in the home and
as well as society therefore it violates the provision of Article 21
Article 25 (2) :- This Article control the Arbitrary power of Religion.
Article 25 (2) clearly says that Right to freedom of religion is subject to
morality public health and other fundamental rights it means that as the name
of right to freedom of religion other fundamental right of individual can not
Article 16 of Human Right declaration of United nation 1948:- All are born
equally and there should be no discrimination on any basic thus it violates
the provision of international law
In conclusion I would likely to says that In twenty first century polygamy like
barbaric practice against the women can not accepted and if it is a crime for
other religion than why not Islamic religion and and to prohibit the practice
against women. Is not only a duty of government and judiciary but also
according to Article 51 A (e) it is a duty of all person to those practice
which reflect the dignity of women.