Bigamy, the act of marrying another person while already being legally married, is a punishable offense under most personal laws in India. However, an exception exists for Muslim men, who are permitted to have up to four wives, provided they adhere to conditions set by Islamic law. This differential treatment raises significant legal, social, and constitutional debates regarding equality and personal freedom in the country.
Bigamy Under Indian Law
In India, bigamy is criminalized under Section 494 and Section 495 of the Indian Penal Code (IPC), 1860. According to these provisions, any person who marries again during the lifetime of their spouse, without legally dissolving the first marriage, commits bigamy and can face imprisonment of up to seven years and a fine. If the second spouse is unaware of the first marriage, the punishment is even more severe under Section 495. Apart from the IPC, personal laws governing different religious communities also prohibit bigamy.
- Hindu Marriage Act, 1955 (HMA): Section 5 of the HMA mandates monogamy, stating that a Hindu marriage is valid only if neither party has a living spouse at the time of marriage. A second marriage under these circumstances is void and punishable.
- Parsi Marriage and Divorce Act, 1936: It declares bigamous marriages null and void and prescribes penalties.
- Christian Marriage Act, 1872: It follows a strict monogamous structure, with bigamy being punishable under civil and criminal law.
- Special Marriage Act, 1954: This Act applies to interfaith marriages and civil marriages, reinforcing the prohibition of bigamy.
Exception for Muslims
Unlike other religious communities, Muslim personal law, based on Sharia, allows a Muslim man to have up to four wives at the same time, provided he treats them equally in all aspects, including financial support, affection, and rights. This provision is derived from Surah An-Nisa (4:3) in the Quran, which states that a man may marry up to four women if he can deal with them justly. However, it also warns that if he fears injustice, he should marry only one. Although legally permissible, polygamy is increasingly rare among Indian Muslims, with many preferring monogamy due to social and economic reasons. The Supreme Court has, in several cases, acknowledged that polygamy is not an essential religious practice in Islam.
Legal and Constitutional Debates
The differential treatment of bigamy under Indian law has led to debates on gender justice and constitutional equality. Opponents argue that allowing Muslim men to have multiple wives while criminalizing bigamy for others violates Article 14 (Right to Equality) and Article 15 (Non-discrimination on the grounds of religion) of the Indian Constitution. In the landmark case of Shayara Bano v. Union of India (2017), where the Supreme Court struck down instant triple talaq, there was discussion about whether polygamy should also be re-examined under constitutional principles. Several petitions have been filed in recent years challenging the legality of polygamy among Muslims, arguing that it discriminates against women and goes against contemporary gender norms.
Conclusion
Bigamy remains a criminal offense under most personal laws in India, except for Muslim men, who are permitted up to four wives under Islamic law. While legally sanctioned, polygamy among Muslims is rare and increasingly debated in the context of gender justice and constitutional equality. As India moves toward legal reforms, discussions on bigamy and a Uniform Civil Code will continue to shape the country’s legal landscape.
