Although their personal law permits men to have four wives,
the Supreme Court on Monday ruled that a Muslim's fundamental right to profess
Islam did not include practicing polygamy.
"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," said a bench of Justices T S Thakur and A K Goel.
The bench said that polygamy was not integral to religion
and the practice of polygamy did not acquire sanction of religion simply
because it was permitted.
It upheld the UP government's decision to sack one of its
employees on the ground of misconduct for opting for a second marriage during
existence of the first marriage without its prior permission.
Referring to its earlier verdict, the bench said that
Article 25 protects religious faith, not a practice. It noted that the court
had upheld the views of the Bombay, Gujarat and Allahabad high courts in this
regard.
The bench upheld conduct rules framed by UP Government
Servant Conduct Rules, saying that it did not violate Article 25 of the
Constitution.
In this case Khursheed Ahmad Khan, employed as irrigation
supervisor, had married Anjum Begum during existence of first marriage with
Sabina Begum. Sister of his first wife had filed a complaint before National
Human Rights Commission which ordered a police probe in the case.
The police submitted its report before the commission saying
that Khan had married a second time during the existence of the first marriage.
On this basis, the state government had initiated proceedings and later removed
him from service for failure to take prior permission for second marriage as
was required under rule 29 of the conduct rules.
Khan had then approached the Allahabad high court and
challenged his removal from service. The HC had dismissed his plea.
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