Polygamy is merely a religious practice under muslim law and not a part of religious belief or faith - says Supreme Court

The Supreme Court today reiterated that "No religion in India dictates or mandates as an obligation to enter into bigamy or polygamy or to have children more than one. What is permitted or not prohibited by a religion does not become a religious practice or a positive tenet of a religion. A practice does not acquire the sanction of religion simply because it is permitted."

KHURSHEED AHMAD KHAN v. STATE OF U.P. & ORS.
CIVIL APPEAL NO.1662 OF 2015

Judgment Dated : 09/02/2015

CORAM :T.S. THAKUR .J, ADARSH KUMAR GOEL .J

Facts of the Case:

Appellant is employed as Irrigation suprevisor (Govt. Employee) - solemnises second marriage which is strictly prohibited under the rule - During the course of argument also raised the constitutional validity of the Government Rule

.

ISSUE INVOLVED :

Whether Rule 29(1) of the U.P. Government Servant Conduct Rules, 1956 is violative of Article 25 of the Indian Constitution.

CATCHPHRASE :

1. Polygamy is not integral part of religion and monogamy is a reform within the power of the State under Article 25.

2.A Sharp distinction must be drawn between religious faith and belief and
religious practices. What the State protects is religious faith and belief. If
religious practices run counter to public order, morality or health or a policy of social welfare upon which the State has embarked, then the religious practices must give way before the good of the people of the State as a whole.

3.Appreciation of Javed v. State of Haryana (2003) 8 SCC 369 Judgment

4.Though the personal law of Muslims permitted having as many
as four wives but it could not be said that having more than one wife is a part of religion. Neither is it made obligatory by religion nor is it a matter of freedom of conscience.