Topic of Discussion is In India, what should be the ideal provisions of constitution of india , regarding Polygamy.
Current situation is that In Hindus, Indian Christians and Parsi; Polygamy is a criminal offense while Muslim have Polygami allowed.
Law Comes from ancient relegious practises and precedence. Ancient Hindu Culture talks about 4 yugas namely Krut, Treta , Dwapar and Kali ( the current Yuga ). From the history, polygamy was a normal practise in all these yugas among Hindus. It was after ebactment of Hindu Marriage Act 1955, polygamy was considered as criminal offfense for Muslims. Shariat Applcation Act 13 also permits polygamy and a muslim can make upto 4 marriages.
talking about culture and precedence, hindus and muslims both had polygamy as a normal practise in past. but its only criminalied in Hindu marriage Act 155 while Muslims can practise it under shariat Application Act.
question is that, if everyone is equal before law as per article 14 then why two different rules for Hindus and Muslims as far as marriages are concerned? in hindus also from all ancient yugas; dew, danaw, gandharv, manaw, various emperors, dynesties, kings all practised polygamy.
Article 25 gives right to practise profess propagate one's own relegion. Why hindus cant get the permission for bigamy if it was precedent in religion and culture and other relegions are allowed to preserve their culture?
This question is as a law student wich came in my mind and its my personal thinking.
