Instead of a blanket ban, the Supreme Court can delegitimise polygyny in India for not being in consonance with the Koranic procedure, just as it invalidated instant triple talaq in the Shamim Ara case With the submission of the Bharatiya Janata Party-led Central government’s affidavit in Supreme Court a few days ago, the debate on Muslim personal law has intensified, prompting even the Prime Minister to join the fray in support of the constitutional rights of Muslim women. Although the government’s affidavit did not specifically ask the court to “ban” or “abolish” instant talaq or polygamy, and concedes that “only some women are directly and actually affected by these practices”, it nevertheless tells the highest court that “the issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality”.

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