Assam Prohibition of Polygamy Bill, 2025:
The Chief Minister of Assam introduced the Assam Prohibition of Polygamy Bill, 2025 in the Assam Legislative Assembly, aiming to criminalize polygamy across the state, with severe punishments for those violating the law.
Provisions of Assam’s Anti-Polygamy Bill 2025
- Criminalization of Polygamy: The Bill makes polygamy a criminal offence, prescribing imprisonment of up to 7 years and a fine for anyone entering into, or concealing, a second marriage while the first marriage remains valid.
- Exemptions and Jurisdiction: The law excludes the Sixth Schedule areas of Assam, where customary laws permit polygamy.
- Scheduled Tribes under Article 342 of the Constitution are not covered by this law.
- The law applies to Assam residents and extends its jurisdiction to those involved in polygamous marriages outside the state or who benefit from Assam’s welfare schemes.
- Accountability of Key Actors: Village heads, qazis (Muslim clerics), parents, and legal guardians of individuals entering into polygamous marriages will be held accountable.
- Compensation for Affected Women: A compensation mechanism will be established for women who are adversely affected by polygamous marriages.
- Impact on Convicts: Individuals convicted under this law will be ineligible for government jobs, benefits, and government schemes. Election eligibility will be barred for such individuals.
- Grandfather Clause: Polygamous marriages contracted before the law’s enactment will not be impacted as long as they comply with existing personal or customary laws and have valid proof.
Polygamy:
- It refers to the practice of having more than one spouse simultaneously. In this context, polygamy involves a marriage where one person may have multiple partners at the same time.
- Traditionally, polygamy has been practiced in various cultures, with polygyny (a man having multiple wives) being more common in many societies.
- In India, polygamy was widely practiced in the past, especially among men, but the Hindu Marriage Act of 1955 formally prohibited it.
- The Special Marriage Act (SMA), 1954, permits inter-religious marriages, but also explicitly bans polygamy. Many Muslim women have used this Act to prevent or challenge polygamous practices.
