Gujarat high court has called for the abolition of Muslim polygamy in India as it is an act of "heinously patriarchal". On Thursday, a strong pitch was made by the HC for a uniform civil code. An amendment to the Muslim personal law was recommended by the court saying that the practice of polygamy in this day and age are often driven by selfish motives.

While adjudicating on a petition, Justice Pardiwala said, "On the basis of modern progressive thinking, India must shun the practice (of polygamy) and establish a uniform civil code." The petition was by a Muslim man facing bigamy charges as he married for the second time without the consent of the first wife.

The charge on the man was under the section 494 of the IPC, for bigamy. However, Muslim Personal Law validates his second marriage and so the court cannot prosecute him for bigamy.

Justice Pardiwala quoted Article 44 of Part IV of the Constitution, which mandates that the state must "endeavour to secure for the citizens a uniform civil code throughout the territory."

"If the state tolerates this law, it becomes an accomplice in the discrimination of the female, which is illegal under its own laws," the judge said.

The judge also said that polygamy is forbidden by the Quran incase the reason for marrying more than once is sexual desire or self-interest, Justice Pardiwala said. "... It's for the maulvis and Muslim men to ensure that they do not abuse the Quran to justify the heinously patriarchal act of polygamy in self-interest." The judge also cited history saying that the polygamy was allowed by the Quran at that time for a fair reason.

"The Quran allowed conditional polygamy to protect orphans and their mothers from an exploitative society... When men use that provision today, they do it for a selfish reason."

-Sumana