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The Supreme Court is examining the constitutional validity of polygamy under Muslim personal law, bringing renewed focus on the relationship between personal laws, fundamental rights and gender equality.

What is Polygamy?

Polygamy is the practice of having more than one spouse simultaneously.

• Polygyny: One man having multiple wives.
• Polyandry: One woman having multiple husbands.
• Bigamy: Marrying another person while the first valid marriage is subsisting.

In India, monogamy is generally mandatory under the Hindu Marriage Act, 1955 and Special Marriage Act, 1954. However, Muslim personal law permits a Muslim man to have up to four wives.

According to NFHS-5 (2019–21), polygamy was reported among different communities: 2.1% among Christians, 1.9% among Muslims and 1.3% among Hindus.

Legal Framework

India does not have a common UCC governing marriage nationwide; marriage, divorce and succession are also regulated through personal laws.

• Hindu Marriage Act, 1955: Prohibits bigamy; applies to Hindus, Buddhists, Jains and Sikhs.
• Parsi Marriage and Divorce Act, 1936: Prohibits bigamy.
• Indian Christian Marriage Act, 1872: Restricts solemnisation of a marriage where either party already has a spouse.
• Muslim Personal Law (Shariat) Application Act, 1937: Allows Muslim personal law to govern marriage, including polygamy.
• Bharatiya Nyaya Sanhita (BNS): Contains the offence of marrying again during the lifetime of a spouse in circumstances where the subsequent marriage is legally void.

Constitutional Debate

Critics of polygamy argue that it can perpetuate gender inequality, economic insecurity, emotional distress and unequal marital rights, raising concerns under Articles 14 (equality), 15 (non-discrimination) and 21 (life and personal dignity).

The key constitutional question is whether polygamy enjoys protection as a religious practice under Article 25, or whether it can be regulated on grounds of public order, morality, health and other constitutional values.

Supreme Court’s Position

• Sarla Mudgal v. Union of India (1995): A Hindu husband cannot convert to Islam merely to contract another marriage while the first marriage subsists; such conversion does not dissolve the first marriage.
• Lily Thomas v. Union of India (2000): Reaffirmed that fraudulent conversion cannot be used to circumvent existing marriage laws.
• The Court has also observed that polygamy is not an essential religious practice of Islam, and therefore is not automatically protected under Article 25.

State-Level Developments

• Uttarakhand UCC, 2024: Prohibits bigamy, subject to specified exemptions.
• Assam Prohibition of Polygamy Bill, 2025: Proposes stringent penalties for polygamy, including enhanced punishment where a previous marriage is concealed.
• Goa: Follows a common civil-law framework derived from the Portuguese Civil Code, with a largely obsolete provision concerning a Hindu man’s second marriage in limited circumstances.