New Delhi: Though the Islamic personal law allows Muslim men to have four wives, the Supreme Court, on Monday, said that a Muslim's fundamental right to profess Islam does not include practising polygamy.
A bench of Justices T S Thakur and A K Goel said, "What was protected under Article 25 (right to practice and propagate any religion) 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".
The bench also said that practice of polygamy did not acquire sanction of religion simply because it was permitted.
The apex court said the Conduct Rules of the Uttar Pradesh government for its employees, which mandates prior permission for contracting second marriage during the existence of the first marriage, is not violative of Article 25 of the Constitution.
The court was dealing with an appeal filed by a Muslim employee in UP's Irrigation Department challenging a disciplinary authority order removing him from service for proven misconduct of another marriage during the existence of the first marriage, which was upheld by Allahabad High Court.
Khursheed Ahmad Khan, employed as irrigation supervisor, had married Anjum Begum during existence of first marriage with Sabina Begum. Sister of his wife had filed a complaint before National Human Rights Commission which ordered a police probe in the case.
Khan had approached the Allahabad high court and challenged his removal from service.
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