<\/p>\n
\nUPSC Syllabus:<\/strong>GS Paper II \u2013 Social Justice & Polity:<\/strong> Structure, organisation and functioning of the Executive and Judiciary; Ministries and Departments of the Government; pressure groups and formal\/informal associations and their role in polity.<\/h5>\n<\/blockquote>\n
Why in News?<\/h3>\n
The Supreme Court\u2019s examination of the issue of polygamy<\/strong> has brought renewed attention to the relationship between religious freedom, cultural autonomy and gender justice<\/strong>.<\/p>\n
The debate raises an important constitutional question: how can India protect religious and cultural pluralism while ensuring that discriminatory practices do not undermine equality, dignity and individual autonomy?<\/p>\n
Constitutional Dimensions<\/h3>\n
The issue involves a delicate balance between Article 25<\/strong> and the constitutional guarantees of equality and dignity.<\/p>\n
\n
- Article 25:<\/strong> Protects freedom of conscience and religious practice, but subjects it to public order, morality, health and other Fundamental Rights.<\/li>\n
- Article 14:<\/strong> Guarantees equality before the law.<\/li>\n
- Article 15:<\/strong> Prohibits discrimination, including discrimination on grounds of sex.<\/li>\n
- Article 21:<\/strong> Protects dignity, autonomy and personal liberty.<\/li>\n
- Article 44:<\/strong> Envisages a Uniform Civil Code and provides a constitutional basis for reform of personal laws.<\/li>\n
- Article 51A(e):<\/strong> Calls upon citizens to renounce practices derogatory to the dignity of women.<\/li>\n<\/ul>\n
Why Does Gender Justice Require Scrutiny?<\/h3>\n
The issue is not merely about the prevalence of polygamy but about its potential impact on substantive equality and women’s dignity<\/strong>.<\/p>\n
\n
- Polygamy may create unequal marital bargaining power.<\/li>\n
- It can have implications for maintenance, inheritance, emotional security and women’s economic autonomy.<\/li>\n
- According to NFHS-5 (2019\u201321)<\/strong>, around 1.4% of currently married women<\/strong> had a husband with another wife or wives.<\/li>\n
- Therefore, the issue remains relevant as a question of rights even though the practice is relatively limited.<\/li>\n<\/ul>\n
Judicial Approach<\/h3>\n
The Supreme Court has addressed related questions concerning marriage, conversion and personal law through several important judgments.<\/p>\n
Sarla Mudgal v. Union of India (1995)<\/strong>
\nThe Supreme Court held that conversion to Islam merely to contract another marriage does not dissolve an existing Hindu marriage, thereby preventing misuse of personal law.<\/p>\nJaved v. State of Haryana (2003)<\/strong>
\nThe Court held that polygamy is not an essential religious practice<\/strong>, recognising the State’s power to regulate it.<\/p>\nShayara Bano v. Union of India (2017)<\/strong>
\nAlthough the case concerned triple talaq, the judgment strengthened constitutional scrutiny of personal-law practices affecting women’s dignity and equality.<\/p>\nImportant distinction:<\/strong>
\nThe Supreme Court has not declared Muslim polygamy per se unconstitutional<\/strong>. This distinction is crucial when analysing the issue.<\/p>\nArguments for Reform<\/h3>\n
Reform of discriminatory practices can:<\/p>\n
\n
- Promote gender equality and dignity.<\/li>\n
- Prevent exploitation and fraudulent conversion.<\/li>\n
- Create clearer rights relating to maintenance, inheritance and children.<\/li>\n<\/ul>\n
Concerns Regarding Reform<\/h3>\n
However, reform must also account for India’s constitutional commitment to pluralism.<\/p>\n
\n
- A blanket prohibition may be perceived as cultural homogenisation.<\/li>\n
- Criminalisation alone cannot address women’s economic dependence or lack of legal awareness.<\/li>\n
- Reform must avoid replacing one form of inequality with another.<\/li>\n<\/ul>\n
Way Forward<\/h3>\n
1. Universal marriage registration<\/strong>
\nStrengthen marriage registration and legal documentation across communities.<\/p>\n2. Common minimum standards of gender justice<\/strong>
\nDevelop minimum standards that protect equality, dignity and women’s rights across communities.<\/p>\n3. Women’s economic empowerment<\/strong>
\nStrengthen women’s economic independence, legal literacy and access to justice.<\/p>\n4. Institutional support<\/strong>
\nSchemes such as Mission Shakti<\/strong>, including One Stop Centres, provide integrated support to women facing violence and vulnerability.<\/p>\n5. Gender-just approach to UCC<\/strong>
\nAny Uniform Civil Code should be gender-just, consultative and constitutionally grounded<\/strong>, rather than majoritarian.<\/p>\nConstitutional Perspective<\/h3>\n
The appropriate constitutional approach can be described as \u201creform without cultural erasure.\u201d<\/strong><\/p>\n
Religious freedom deserves constitutional protection, but it cannot override the guarantees of equal citizenship, dignity and autonomy<\/strong>. The challenge for India is therefore to reconcile its pluralistic social structure with a non-negotiable floor of gender justice<\/strong>.<\/p>\n
UPSC Relevance<\/h3>\n