New Delhi: Chief Minister Himanta Biswa Sarma Monday announced he is going to end polygamy in Assam. The state government is going to table a bill on 25 November in the Assembly. It also proposes a jail term of seven years for those marrying “illegally” for the second time.
While the Indian Penal Code (IPC) criminalises bigamy under section 494, polygamy continues to be practiced across communities. Muslims are the only community in India allowed to practice polygamy legally, under section 2 of the Muslim Personal Law (Shariat) Application Act, 1937. But it has a condition that all the parties entering the polygamous relationship should be Muslims.
“If a person marries another woman without legally divorcing his wife, then there will be provision of seven years or more imprisonment irrespective of his religion,” Sarma said at the launch of the second phase of the ‘Mukhya Mantrir Nijut Moina’ scheme.
Polygamy is legal in 27 countries, which include neighbouring Sri Lanka, Bangladesh, and Pakistan. Sri Lanka has no exceptions, but both Bangladesh and Pakistan have provisions for Muslims only, like India.
In India, Uttarakhand has already passed a law making polygamy punishable under state law. Sarma is following the same approach. taking a cue from the Uttarakhand government.
In India, Uttarakhand has already passed a law making polygamy punishable under state law. Sarma is following the same approach.
The Uttarakhand Uniform Civil Code (UCC) bill was tabled by Chief Minister Pushkar Singh Dhami in the special session of the Uttarakhand Assembly in 2024. It came into effect from 27 January 2025. The bill bans bigamy and polygamy in the state and has laid down five conditions for the solemnisation of marriages.
Who are the people behind the bill?
In Assam, the move from announcing an anti-polygamy law to initiating due process has been much slower.
Sarma first formed a four-member expert committee headed by Justice (Retd) Rumi Kumari Phukan to scrutinise the provisions of the Muslim Personal Law (Shariat) Act 1937, along with Article 25 of the Constitution, in relation to the Directive Principles of State Policy for a Uniform Civil Code.
Besides Phukan, the other members of the committee are Advocate General Devajit Saikia, Senior Additional Advocate General Nalin Kohli, and senior advocate Nekibur Zaman. The committee submitted its report in August 2023.
Following the committee’s submission, Sarma announced that the bill would be tabled in the budget session of the assembly in 2024, but it was delayed. Now, the proposed date aligns with the assembly polls scheduled to be held in March next year.
What’s the context?
Last year, Sarma trained his political guns against child marriages in the state. More than 2,500 people arrested were booked under two laws — the Protection of Children from Sexual Offences (POCSO) Act, and the Prohibition of Child Marriage Act. Though Sarma declared that the ‘war’ against child marriage will be ‘secular’, the arrest presented a different picture. There was criticism against the state government, alleging targeting of the Muslim community. Reportedly, 52 qazis or magistrates authorised to register Muslim marriages were arrested.
In August last year, the Assam government tabled a bill to repeal an 89-year-old law on the registration of Muslim marriages and divorces. The government stated that it has a “scope of misuse” to allow child marriage.
Now, the state government is focusing on polygamy.
According to the National Family Health Survey, the rate of polygamy among Hindu women in Assam was about 1.8 per cent, and 3.6 per cent among Muslim women, while the overall prevalence of polygamy in Assam stood at 2.4 per cent. Meghalaya reported the highest figure for polygamy across India, with a prevalence rate of 6.1 per cent.
As per the report, polygamy rates in India are 2.1 per cent among Christians, 1.9 per cent among Muslims, 1.3 per cent among Hindus and Buddhists, 0.5 per cent among Sikhs, and 2.5 per cent in the case of other religions or castes.
(Edited by Ratan Priya)
Polygamy is so inhumane. How is this even tolerated by the so called secularist ? Do they even understand the meaning of secularism ?
Seriously what a joke.