According to the petition, allowing the practice of bigamy for only one religious community while prohibiting it for people from other religions is unjustifiable.
During a hearing on a petition challenging the practice of bigamy among Muslims, the Supreme Court declared that it would establish a Constitution Bench to hear the case at a suitable time. The plea, which was presented by Advocate Ashwini Upadhyay before a Bench headed by Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala, argues that allowing bigamy for one religious community and not for others is discriminatory and unconstitutional. The petition requests a declaration that the practice is oppressive towards women and contrary to the principle of equality.
The petition requests that Section 494 of the Indian Penal Code (IPC) and Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which permit Muslim men to have multiple wives, be declared unconstitutional. Section 494 of the IPC criminalizes marrying someone while one’s spouse is still alive and makes it punishable by imprisonment of up to seven years and a fine.
The petitioners are requesting the removal of the phrase “in any case in which such marriage is void by reasons of its taking place” from Section 494 of the Indian Penal Code. Their main argument is that criminal law should not create discrimination by punishing some people for the same act that is permissible for others. They argue that penal action cannot be based on religious practices and must be applied uniformly regardless of personal laws. The petitioners claim that Section 494 violates Article 14 and 15(1) of the Indian Constitution as it discriminates solely on the basis of religion.
Source: https://www.barandbench.com/news/litigation/will-set-up-constitution-bench-appropriate-time-cji-dy-chandrachud-plea-bigamy-muslims
