The Constitutional Paradox Posed By Permitting Polygamy in India

Abstract:     
By comparing Indian polygamy law to U.S. polygamy law, this paper examines and suggests ways of resolving the constitutional paradox posed by permitting polygamy among Muslim men in India. Specifically, this paper first contends that U.S. law prohibiting polygamy among all religious groups is constitutional because it does not violate the free exercise of religion clause of the First Amendment or the equal protection or due process clauses of the Fourteenth Amendment. This paper then argues that legislation in India, prohibiting polygamy among Hindus yet allowing polygamy among Muslims, is unconstitutional because it violates the equal protection provisions of Articles 14 and 15 of the Indian Constitution. This paper further asserts that India should follow the U.S. by beginning to address the problem of lax enforcement of its current polygamy law and by taking concrete steps towards enacting legislation that prohibits polygamy across all religious denominations.

Keywords: Polygamy India Constitution

Working Paper Series