Assam Prohibition of Polygamy Bill, 2025

The Chief Minister of Assam introduced the Assam Prohibition of Polygamy Bill, 2025 in the Assam Legislative Assembly with the objective of criminalizing polygamy across the state.
The Bill seeks to promote gender justice, social reform, and constitutional equality by imposing strict penalties on polygamous practices.

Key Provisions of the Assam Anti-Polygamy Bill, 2025

Criminalization of Polygamy

The Bill makes polygamy a criminal offence.
Any person who enters into, conceals, or facilitates a second marriage while the first marriage is legally valid will face:

• Imprisonment up to 7 years

• Monetary fine

Exemptions and Jurisdiction

The law does not apply to Sixth Schedule areas of Assam, where customary laws permit polygamy.
Scheduled Tribes under Article 342 of the Constitution are excluded from its purview.
The Bill applies to Assam residents, even if the polygamous marriage is contracted outside the state, and to individuals who benefit from Assam’s welfare schemes.

Accountability of Key Actors

The Bill holds village heads, qazis (Muslim clerics), parents, and legal guardians accountable if they facilitate or knowingly permit polygamous marriages.
This provision aims to curb institutional and social support for the practice.

Compensation for Affected Women

A compensation mechanism will be established for women adversely affected by polygamous marriages, ensuring financial relief and social protection.

Impact on Convicted Persons

Persons convicted under the law will be:

• Disqualified from government jobs

• Barred from government schemes and benefits

• Ineligible to contest elections

Grandfather Clause

Polygamous marriages contracted before the enactment of the law will remain valid, provided they:

• Comply with existing personal or customary laws

• Are supported by valid documentary proof

What is Polygamy?

Meaning and Concept

Polygamy refers to the practice of having more than one spouse at the same time. In this system of marriage, one individual may have multiple marital partners simultaneously.

Traditionally, polygamy has existed in several cultures across the world. Among its forms, polygyny—where a man has multiple wives—has been far more prevalent than other forms.

Polygamy in the Indian Context

In India, polygamy was widely practiced in the past, particularly among men. However, with social reform and codification of personal laws:

• The Hindu Marriage Act, 1955 formally prohibited polygamy among Hindus.

• The Special Marriage Act (SMA), 1954, which governs civil and inter-religious marriages, explicitly bans polygamy.
  Many Muslim women have used this Act as a legal route to challenge or prevent polygamous marriages.

Types of Polygamy

Polygyny

Polygyny is a form of polygamy in which a man has more than one wife.
It has been historically common, with references found in ancient societies and among rulers and emperors.

Polyandry

Polyandry refers to a marriage where a woman has more than one husband.
This form is rare and is usually confined to specific tribal or cultural communities.

Bigamy

Bigamy occurs when a person, already legally married, enters into another marriage while the first marriage remains valid.
It is considered a criminal offence in India and many other countries.

Status of Polygamy in India

Statistical Evidence (NFHS-5: 2019–21)

According to the National Family Health Survey (NFHS-5):

• In Assam, polygamy affects 1.8% of Hindu women and 3.6% of Muslim women, with an overall prevalence of 2.4%.

• Meghalaya records the highest polygamy rate in India at 6.1%.

• Nationally, polygamy rates are:

  • Christians: 2.1%

  • Muslims: 1.9%

  • Hindus & Buddhists: 1.3%

  • Sikhs: 0.5%

  • Other religions/castes: 2.5%

These figures indicate that polygamy is not widespread in any single community.

Legal Position Across Communities

Hindus

Under the Hindu Marriage Act, 1955, polygamy is abolished and criminalized.
Section 11 declares polygamous marriages void.

Parsis

The Parsi Marriage and Divorce Act, 1936 outlaws bigamy, making remarriage illegal during the lifetime of a spouse without lawful divorce.

Muslims

Polygamy is not prohibited under the Muslim Personal Law (Shariat) Act, 1937, though:

• It is not mandatory

• It remains subject to constitutional scrutiny if it violates fundamental rights

Judicial Pronouncements on Polygamy

Parayankandiyal v. K. Devi (1996)

The Supreme Court held that monogamy is the core ideology of Hindu society, and a second marriage was traditionally condemned.

State of Bombay v. Narasu Appa Mali (1951)

The Court ruled that:

• Social reform laws are not discriminatory

• The legislature can enact laws for public welfare, even if they interfere with religious customs

Javed v. State of Haryana (2003)

The Supreme Court clarified that:

• Freedom of religion (Article 25) is subject to social order, dignity, and well-being

• Muslim law permitting up to four marriages is optional, not compulsory

Implications of Polygamy in India

Conflict Between Personal Laws and Fundamental Rights

The coexistence of different personal laws leads to legal inconsistency, raising concerns under:

• Article 14 (Equality before law)

• Article 15 (Non-discrimination)

Gender Justice Concerns

Polygamy often affects:

• Women’s dignity

• Autonomy

• Mental and emotional well-being

The Supreme Court, especially in Shayara Bano v. Union of India (2017), emphasized aligning personal laws with gender justice and constitutional morality.

Social and Legal Complications

The differential treatment of communities fuels debates on:

• Uniformity in marriage laws

• Religious equality

• Modern constitutional values

Changing Social Norms

With growing awareness of gender equality, polygamy is increasingly viewed as socially unacceptable, prompting calls for stricter regulation.

Measures Needed to Address Implications of Polygamy

1. Gradual Legal Reform

Personal laws should be amended gradually to align with constitutional values of equality and dignity.

• This ensures a balance between respecting religious practices and protecting women’s rights.

• Gradual reform supports gender justice while minimizing social resistance.

2. Uniform Civil Code (UCC)

Introducing a Uniform Civil Code can:

• Replace discriminatory personal laws.

• Ensure equal rights for all citizens irrespective of religion.

• Standardize marriage laws and reduce legal disparities and conflicts.

Implementation should be gradual and culturally sensitive to gain societal acceptance.

3. Legal Enforcement

Polygamous practices must be strictly monitored and penalized under the law.

• Strengthening victim‑relief frameworks ensures protection for women.

• Providing social support and compensation safeguards women from exploitation.

4. Public Awareness

Legal reforms should be complemented with awareness campaigns to:

• Promote gender equality and constitutional values.

• Encourage societal acceptance of gender justice.

• Involve NGOs, educational institutions, and community leaders to change public attitudes toward polygamy.

5. Judicial Oversight

Courts should:

• Use legal precedents to challenge discriminatory polygamous practices.

• Ensure alignment with constitutional rights.

• Public Interest Litigations (PILs) can further protect women and children from unconstitutional customs.

Conclusion

Addressing polygamy in India requires a delicate balance between religious freedom and constitutional equality.
A multi-pronged approach—including incremental legal reforms, thoughtful UCC implementation, judicial intervention, and public awareness—can effectively dismantle systemic inequalities and uphold justice for all citizens.