Source: IE
Subject: Miscellaneous
Context: Assam has passed the Assam Prohibition of Polygamy Bill, 2025, becoming the second state after Uttarakhand to ban polygamy.
About Polygamy in India:
What it is?
- Polygamy refers to a marital system where one person has more than one spouse at the same time. In India, it is regulated differently across religions, states, and tribal customs.
Historical Context:
- Traditionally practiced in several communities, polygamy was restricted over time through religion-specific reforms — e.g., the Hindu Marriage Act (1955) outlawed bigamy for Hindus.
- Muslim personal law historically permitted up to four wives; tribal groups followed customary practices recognized by the Constitution.
Laws Governing:
- Hindus, Buddhists, Jains, Sikhs – Bigamy prohibited under the Hindu Marriage Act, 1955; second marriages deemed void.
- Parsis – Prohibited under Parsi Marriage & Divorce Act, 1936.
- Christians – Prohibited under the Indian Christian Marriage Act, 1872.
- Muslims – Muslim Personal Law (Shariat) Act, 1937 allows Muslim men to have up to four wives; hence not criminal under BNS Section 82.
- Goa – Under the Portuguese Civil Code, monogamy is the rule for all; a unique historical clause allows a Hindu man a second marriage under rare conditions (unused since 1910).
- Tribal Groups – Exempt under the Constitution (Fifth & Sixth Schedule); customary laws prevail.
Recent State-Level Bans:
- Uttarakhand UCC (2024): Outlaws bigamy for all residents except Scheduled Tribes.
- Assam Bill (2025): Makes polygamy a cognisable, non-bailable offence; penalties up to 7–10 years; bars convicts from government jobs and elections; tribal areas exempt.
Significance:
- Reflects push toward gender justice and uniform legal standards in marriage.
- Tests the legal boundary between personal law autonomy and legislative reform.
- Raises questions on minority rights, state powers, and the future trajectory of UCC in India.
