Polygamy in India - With Special Reference to the Bulkiest Constitution in the World

12 Pages Posted: 9 Mar 2012

See all articles by Abhay Singh

Abhay Singh

affiliation not provided to SSRN

Date Written: March 9, 2012

Abstract

The research work analyzes the issue of Polygamy with reference to the bulkiest constitution in the world. Most of the debaters argue that the Indian polygamy law only prohibits polygamy among one religious group. Thus, current Indian law poses a constitutional paradox because permitting polygamy among Muslim men but prohibiting it among Hindus under the freedom of religion provisions violates the equal protection provisions of the Indian Constitution. The author takes a departure from this standpoint and argues that there are several reasons why Polygamy was not made punishable under the muslim personal law. The reasons are umpteen, i.e., historical reasons, political reasons, etc. which are further elucidated in the report. Relevant constitutional provisions and judicial pronouncements are being articulated and discussed with reference to the issue of Polygamy.Hence, the legislation in India, prohibiting polygamy among Hindus yet allowing polygamy among Muslims, is not unconstitutional and it doesn’t violate the provisions of Articles 13, 14 and 15 of the Indian Constitution.

Keywords: Polygamy, Constitution, Violation of article 13, article 14, article 15(1), Polygamy among Hindus, Polygamy among Muslims

Suggested Citation

Singh, Suraj, Polygamy in India - With Special Reference to the Bulkiest Constitution in the World (March 9, 2012). Available at SSRN: https://ssrn.com/abstract=2018822 or http://dx.doi.org/10.2139/ssrn.2018822

Suraj Singh (Contact Author)

affiliation not provided to SSRN

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