"POLYGAMY IS ANATHEMA TO WOMEN'S DIGNITY"

On December 12, 2022, Supreme Court of India issued notices to the Central Government and Law Commission of India on a public interest litigation (PIL) filed by Bharatiya Muslim Mahila Andolan (BMMA), requesting abolition on practices of polygamy and other Islamic practices like Mut'ah marriages, Misyar marriages and Nikah-halala as they violate Fundamental Rights of the Muslim women in India under Articles 14, 15, 21 and 25 of the Constitution. BMMA, an organisation working for equal rights for Muslim women in India, on December 21, 2022 released a report 'Status of women in polygamous marriages and need for legal protection' in Mumbai, Maharashtra. In the background of the survey and PIL, BMMA Co-founder Zakia Soman spoke exclusively to Organiser Special Correspondent, Nishant Kumar Azad. Excerpts:

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■ What was the idea behind the survey? 

We have been demanding a codified Muslim family law for many years. After abolition of triple talaq, we are particularly focused on child marriages and polygamy as they lead to lifelong injustice to women. We wanted to highlight the condition of women in polygamous marriages, their emotional trauma, economic hardships and social loss of face etc. Women have expressed these feelings in the survey.

■The survey was conducted in 2017. What is the reason behind the delay to bring it into the public domain?

The survey was conducted in 2017 and the report was ready by end of 2018. We wanted to release it along with a PIL in the Supreme Court against polygamy. The PIL took some time to prepare since finding pro bono lawyers etc, took time. By the time we were about to file, COVID19 arrived. This led to a gap of almost 3 years.Finally, the PIL was admitted and on December 12, 2022 the Supreme Court (SC) issued notice to the Centre in our PIL.

■ The Muslim Personal law board is against the Supreme Court idea of banning polygamy. It has opposed the petition in the SC.