Recently the Assam Prohibition of Polygamy Bill, 2025 was tabled in the Assam Legislative Assembly.

About the Bill

• The Bill makes polygamy a criminal offence, prescribing imprisonment, fines, and penalties for concealment of an existing marriage.
• Objective:  The Bill aims to “prohibit and eliminate practices of polygamy”, protect women from hardship and “streamline the society”

Key Provisions of the Bill

• Criminalisation: The Bill makes polygamy a criminal offence punishable with up to 7 years’ imprisonment and fine; up to 10 years if the offender hides an existing marriage.
• Penalties for Repeat Offenders: The Bill has a provision where, Punishments will be doubled for those convicted more than once.
• Scope and Applicability:
  • Jurisdiction Across Assam: Applicable throughout the State except Sixth Schedule areas and members of Scheduled Tribes (Article 342), whose customary laws may permit multiple marriages.
  • Beyond State Boundaries: The Provisions of this bill applies to –
    • Residents of Assam who enter polygamous marriages outside the State;
    • People living outside Assam who own immovable property in the State;
    • Non-residents receiving State-funded benefits, subsidies, or welfare support.
• Police Powers: Police officers are empowered to intervene preemptively to stop a prohibited marriage before it occurs.
• Compensation Mechanism: 
  • The Bill has a provision which allows for the establishment of a special compensation fund for women affected by polygamous marriages.
  • A designated authority will process applications from women affected by polygamous marriages and disburse compensation.
• Penalty Provisions for Abettors:
  • For Family and Community Members: Village heads, qazis, parents, and legal guardians who knowingly support polygamous marriages can be punished like primary offenders with up to 2 years’ jail and ₹1 lakh fine.
  • For Clerics and Priests: Any priest or qazi who knowingly solemnises such marriages may be fined up to ₹1.5 lakh.
  • Abettor Liability: Penalties extend to any person who wilfully hides, neglects, or delays reporting such marriages.
• Disqualifications:
  • Loss of Entitlements: People convicted under the Bill will be ineligible for government jobs, government-aided posts, and benefits under any State scheme.
  • Election Bar: Convicted individuals will be barred from contesting elections in Assam.
• Safeguards:
  • Protection of Past Marriages: Polygamous marriages contracted before the Bill comes into force will not be affected, provided they comply with personal laws and have valid proof.

What is Polygamy ?

• Polygamy refers to a marital system in which a person has more than one spouse at the same time.
• Types of Polygamy:
  • Polygyny: A man has more than one wife.
  • Polyandry: A woman has more than one husband.
• Prevalence of Polygamy
  • NFHS-5 Data: NFHS-5 (2019–20) recorded 2.1% polygamy among Christians, 1.9% among Muslims, 1.3% among Hindus, and 1.6% among other groups.
  • Regional Pattern: The highest prevalence was in Northeastern tribal areas.
  • Tribal Concentration: Polygamy is highest among Scheduled Tribes (2.4%), followed by SCs (1.5%), OBCs (1.3%) and others (1.2%).
  • North-East Hotspots: Districts such as East Jaintia Hills (20%), Kra Daadi (16.4%), West Jaintia Hills (14.5%), and West Khasi Hills (10.9%) show very high polygyny rates.
  • District Trend: Most districts with high polygyny rates had large tribal populations.
  • Declining Trend: Polygynous marriages have decreased from 1.9% in 2005-06 to 1.4% in 2019-21, among the whole population. (According to International Institute of Population Sciences)
• Legal Status of Polygamy in India:
  • Dual Regulation: Polygamy is regulated by personal laws and the IPC.
  • Parsi Marriage and Divorce Act, 1936: Prohibits polygamy in the Parsi community.
  • Shariat Act, 1937: 
    • The Shariat Act  allows a Muslim man to have four wives.
    • Conversion Misuse: Men from other religions would convert to Islam to enter a second marriage.
    • Sarla Mudgal Case: In 1995, the Supreme Court ruled that conversion solely for bigamy is unconstitutional.
    • Lily Thomas Case: The 2000 judgment repeated the same principle.
  • Special Marriage Act, 1954:
    • Monogamy Requirement: Introduced the rule of monogamy.
    • Section 4: States that neither party should have a living spouse at the time of marriage.
  • Hindu Marriage Act, 1955:
    • Ban on Bigamy: Outlaws having more than one spouse.
    • Religious Coverage: Applies to Buddhists, Jains, and Sikhs.
    • Section 17: Declares bigamy an offence.
  • IPC Section 494:
    • Punishment: Penalises bigamy with up to seven years’ imprisonment and a fine.
    • Void Marriage Exception: Does not apply if the first marriage has been declared void.
    • Seven-Year Absence Rule: The law does not apply if a spouse has been missing or continuously absent for seven years.
    • Child Rights: Children from a bigamous marriage have equal rights as children from the first marriage.
  • IPC Section 495:
    • Second Wife Protection: Safeguards the rights of the second wife in bigamous marriages.
  • Goa Exception: Goa’s personal law allows Hindu men to practise bigamy under specific conditions.

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