Constitutionality of Practice of Polygamy in India

Shruti Das
Assistant Professor
School of Law, ICFAI University, Tripura
Nibedita Basu
Assistant Professor
Faculty of Law. Marwadi University, Gujarat.

Volume III, Issue II, 2020

Marriage is a social institution which is always guided by religion. India is a land where there is unity without homogeneity and diversity without disintegration. The Constitution of India protects freedom of religious belief of the citizens. This protection is not unregulated. If any religious practice is not an essential and integral part of the religion, then judiciary can securitize whether it is violating any fundamental rights. This paper tries to analyse the nature of practice of polygamy by Muslim Community and tries to analyse whether such practice can be protected under the ambit of essential religious practice. The paper attempts to state international conventions on women rights which addresses the issue of polygamy.


 Download Full Paper