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The Supreme Court on Tuesday issued noticed in a plea seeking declaration of bigamy and polygamy as unconstitutional in all religions.

The plea has been filed by Vishnu Shankar Jain in December of 2020 which highlights the alleged inequality that exists in section 494 of the Indian Penal Code, in so far as the words 'in any case in which such marriage is void by reason of its taking place' are concerned and section 2 of Muslim Personal Law (Shariat) Application Act, 1937 in so far it recognizes the system of bigamy / polygamy prevalent in Muslim community. Currently, muslim persons who commit the act of bigmay or polygamy cannot be prosecuted under the penal code while persons belonging to other religions can. 

"The second marriage solemnized by a Hindu, Christian or Parsi during the life time of his spouse would be punishable under Section 494 of IPC but at the same time such marriage is not punishable if contacted by a Muslim. Therefore, Section 494 is making discrimination only on the basis of religion, which is per se in violation of Article 14 and 15(1) of the Constitution of India," Jain contends.

According to Jain, the application of bigamy, in so far it has been made applicable in India by Section 2 of Muslim Personal Law (Shariat) Application Act,1937 is ultra vires to Article 14 of the Constitution of India.

The plea adds that under para 256 Muhamedan Law, a marriage solemnized by woman during life time of her husband is void and she may be punished under Section 494 of IPC but the man is not. "Therefore, a Muslim woman is being discriminated before law. The Muslim Law even though permits male persons to have four wives at the time but at the same time para 256 (as per Mulla Muhammdan Law) forbids the female to contact another during the life time of her husband," the plea reads while pointing out the alleged gender bias in the law.

The plea has been filed by five hindu women and an NGO.