bigamy is offfense?

Question

► Topic of Discussion is In India, what should be the ideal provisions of constitution of india , regarding Polygamy. Current situation is that In Hindus, Indian Christians and Parsi; Polygamy is a criminal offense while Muslim have Polygami allowed. Law Comes from ancient relegious practises and precedence. Ancient Hindu Culture talks about 4 yugas namely Krut, Treta , Dwapar and Kali ( the current Yuga ). From the history, polygamy was a normal practise in all these yugas among Hindus. It was after ebactment of Hindu Marriage Act 1955, polygamy was considered as criminal offfense for Muslims. Shariat Applcation Act 13 also permits polygamy and a muslim can make upto 4 marriages. talking about culture and precedence, hindus and muslims both had polygamy as a normal practise in past. but its only criminalied in Hindu marriage Act 155 while Muslims can practise it under shariat Application Act. question is that, if everyone is equal before law as per article 14 then why two different rules for Hindus and Muslims as far as marriages are concerned? in hindus also from all ancient yugas; dew, danaw, gandharv, manaw, various emperors, dynesties, kings all practised polygamy. Article 25 gives right to practise profess propagate one's own relegion. Why hindus cant get the permission for bigamy if it was precedent in religion and culture and other relegions are allowed to preserve their culture? This question is as a law student wich came in my mind and its my personal thinking.

Answer 1

Dear Client,

It is true that Article 14 provides for equality before the law, but the provision makes allowance for reasonable classification in cases where there is intelligible differentia and a rational nexus between the object sought to be achieved. This is because Indian marriage and family laws have developed separately for each religion as personal laws. That is why members of various religions have different personal laws in matters like marriage, divorce, succession, and maintenance. The prohibition of bigamy among Hindus has been brought about by the Hindu Marriage Act of 1955, while the Muslim personal law allows bigamy under some conditions. It should also be noted that Article 25 protects the right to practice one’s religion, but it is not absolute since there are several qualifications to the right. Public order, morality, health, and other fundamental rights enable the government to make social reforms through legislation. Practices which claim to be religious can be regulated if such practices are not essential and social reform is necessary. The present difference in the law is a result of the different personal laws made by the Parliament for various religions, and not Article 14. In any event, whether India should have a common law that allows or bans polygamy for all citizens is essentially an issue of legislative and constitutional policy and discussion, particularly in connection with the Uniform Civil Code under Article 44 of the Indian Constitution.

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bigamy is offfense?

1 Answer