• Kartik Bansal

Here is a tightened 400-word abstract: --- **Abstract** India's legal pluralism in matrimonial law produces a structurally inconsistent regime where bigamy constitutes a criminal offence for Hindus under the Hindu Marriage Act, 1955 and Section 494 of the Indian Penal Code, while polygyny remains legally permissible for Muslim men under classical Muslim personal law governed by the Muslim Personal Law (Shariat) Application Act, 1937. This dissertation undertakes a critical doctrinal and constitutional analysis of bigamy under Indian personal laws, with particular focus on the divergence between Hindu and Muslim matrimonial frameworks and its implications for gender justice and constitutional equality. The central problem examined is whether this differential legal treatment — criminalising identical conduct in one religious community while permitting it in another — is consistent with the constitutional guarantees of equality before law (Article 14), non-discrimination (Article 15), right to life and personal dignity (Article 21), and freedom of religion (Articles 25 and 26). Through analysis of landmark judicial decisions including *Sarla Mudgal v. Union of India* (1995), *Lily Thomas v. Union of India* (2000), and *Shayara Bano v. Union of India* (2017), the study traces the Indian judiciary's evolving reliance on constitutional morality as a corrective standard against which personal laws that conflict with fundamental rights must be assessed. The research further investigates the gendered impact of bigamy and polygamy. Women in plural marriages face systemic disadvantages including financial insecurity, diminished inheritance rights, contested maintenance claims, emotional harm, and social stigma — consequences that constitute substantive violations of dignity and equality as guaranteed by the Constitution. It is argued that religious freedom under Article 25, while constitutionally protected, cannot operate as an absolute shield for matrimonial practices that undermine the fundamental rights of women. The dissertation also evaluates the practical challenges in enforcing anti-bigamy laws: the high evidentiary burden requiring strict proof of ceremonial formalities, the non-cognisable nature of the offence, the absence of mandatory universal marriage registration, institutional inadequacies, and socio-cultural barriers that deter women from seeking legal redress. The study concludes that a holistic reform strategy is necessary — one that harmonises personal laws with constitutional values, mandates universal marriage registration, simplifies evidentiary requirements, and pursues gradual legislative convergence toward a Uniform Civil Code as envisioned under Article 44. Legal transformation must be accompanied by institutional strengthening and social awareness to ensure that the constitutional promise of equality, dignity, and justice is effectively realised for all citizens irrespective of religious affiliation. **Keywords:** Bigamy, Hindu Marriage Act 1955, Muslim personal law, polygamy, constitutional morality, gender justice, Uniform Civil Code, Article 14, Article 25, *Sarla Mudgal*.

"Bigamy and marriage regulations in India: A comparative study of personal laws and constitutional moralit", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.13, Issue 5, page no.l858-l924, May-2026, Available :http://www.jetir.org/papers/JETIRTHE2234.pdf

"Bigamy and marriage regulations in India: A comparative study of personal laws and constitutional moralit", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.13, Issue 5, page no. ppl858-l924, May-2026, Available at : http://www.jetir.org/papers/JETIRTHE2234.pdf