Restriction on polygamy not violative of Article 25, Supreme Court reiterates Javed v. State of Haryana

The Supreme Court reiterated its decision of 2003 that restrictions on the practice of polygamy will not be violative of Article 25 of the Constitution..The judgment was delivered by a Division Bench of Justice TS Thakur and Justice Adarsh Kumar Goel on February 9 in a case pertaining to the removal of one Khursheed Ahmad Khan from the post of Irrigation supervisor for marrying for a second time without divorcing his first wife..Khan had challenged Rule 29(1) of the U.P. Government Servant Conduct Rules, 1956 which prescribes that contracting another marriage during existence of the first marriage without permission of the Government will amount to misconduct. His contention was that the same violated Article 25 of the Constitution which provides for freedom of religion..The Court, however, refused to divulge from the views taken by it in the 2003 case of Javed v. State of Haryana. It, therefore, held the following:.“In Javed vs. State of Haryana, this Court dealt with the issue in question and held that what was protected under Article 25 was the religious faith and not a practice which may run counter to public order, health or morality. Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25. This Court upheld the views of the Bombay, Gujarat and Allahabad High Courts to this effect. This Court also upheld the view of the Allahabad High Court upholding such a conduct rule. It was observed that a practice did not acquire sanction of religion simply because it was permitted. Such a practice could be regulated by law without violating Article 25.”.Read the full judgment below.

Restriction on polygamy not violative of Article 25, Supreme Court reiterates Javed v. State of Haryana

Murali Krishnan

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