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- The Supreme Court is examining a plea to criminalise polygamy for Muslim men under **Section 82 of the Bharatiya Nyaya Sanhita**.
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Gist The Supreme Court has sought the Union Government's response to a petition challenging the constitutional validity of polygamy under Muslim Personal Law, urging consideration of legislative steps to abolish the practice universally. This move challenges the historical exemption granted to Muslim men from general penal laws against bigamy by testing religious personal laws against constitutional fundamental rights. For an aspirant, this development is a critical case study at the intersection of gender justice, secularism, and the ongoing debate surrounding the codification of personal laws. Background The Muslim Personal Law Shariat Application Act, 1937 governs matters of marriage, divorce, and succession for Muslims in India, legally permitting a Muslim man to have up to four wives. Historically, personal laws of minority communities have been exempted from the general penal provisions against bigamy. Under general criminal law, marrying again during the lifetime of a spouse is a punishable criminal offence. However, this statutory exemption creates a dual legal standard based on religion. The current petition asks the Supreme Court to bridge this gap by stripping away the personal law exemption ,…
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