Syllabus: GS1/Society
Context
- Recently, the Assam government introduced the Assam Prohibition of Polygamy Bill, 2025 in the State Assembly seeking to criminalize polygamy.
Key Provisions of the Bill
- Jurisdiction and Applicability: The Bill, if become a law, is applicable across Assam, except in areas under the Sixth Schedule (the Bodoland Territorial Region and the hill districts of Dima Hasao, Karbi Anglong and West Karbi Anglong) and among Scheduled Tribes under Article 342, who are governed by customary laws that permit multiple marriages.
- The Bill extends beyond Assam’s borders to include:
- Residents of Assam entering into polygamous marriages outside the State, and;
- Non-residents who own property in Assam or benefit from State-funded schemes or subsidies.
- The Bill extends beyond Assam’s borders to include:
- Punishment and Penalties: The Bill prescribes:
- Up to 7 years of imprisonment and a fine for engaging in polygamy.
- Up to 10 years of imprisonment for those who conceal an existing marriage before entering another.
- Double punishment for repeat offenders.
- Penalties for Religious Officials: Clerics or priests who knowingly solemnize polygamous marriages may face fines up to ₹1.5 lakh, along with imprisonment. Similar penalties apply to other abettors.
- Additionally, the Bill brings under its ambit village heads, Qazis (Muslim clerics), and parents or guardians who assist in or conceal such marriages.
- They may face up to 2 years in jail and fines up to ₹1 lakh.
- Additionally, the Bill brings under its ambit village heads, Qazis (Muslim clerics), and parents or guardians who assist in or conceal such marriages.
- Safeguards and Exemptions: The Bill does not apply retroactively — marriages conducted before its enforcement under valid personal or customary laws will remain unaffected.
- Police officers are empowered to intervene proactively to prevent prohibited marriages.
- A designated authority aims to be established to process compensation claims from women affected by polygamous marriages to ensure support and justice for victims.
| Polygamy in India: Historical Context – Polygamy is the practice of having more than one spouse at the same time. – Pre-independence India: Polygamy was practiced across various communities, often justified through religious or customary norms. 1. Hindu Marriage Act, 1955: It made monogamy mandatory for Hindus, Buddhists, Jains, and Sikhs. (a) Section 5 of the Act stipulates that a marriage is valid only if neither party has a living spouse at the time of marriage. 2. Special Marriage Act, 1954: Applicable to interfaith civil marriages, this law also mandates monogamy, reinforcing the state’s commitment to individual rights over religious customs. – Present Legal Landscape: India does not have a uniform civil code (UCC), and personal laws continue to govern marriage practices for different religious groups: 1. Muslim Personal Law (Shariat): Muslim men are permitted to have up to four wives, provided they treat them justly and equally. (a) However, this practice has faced increasing scrutiny, especially in light of the Supreme Court’s 2017 verdict invalidating triple talaq. – Christian and Parsi Laws: Both communities are governed by their respective marriage laws, which prohibit polygamy. – Tribal and Customary Laws: Certain tribal communities continue to recognize polygamous unions under customary practices, though these are increasingly being challenged. |
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