Polygamy in India – Assam Govt Order Employees Can’t Enter Second Marriage Without Permission

Context:

• Recently, The Assam government has issued an order disallowing government employees from entering into a second marriage without the permission of the government.
• In India, the permissibility of having more than one spouse depends on the religious and personal laws followed by individuals. 

Polygamy in India

• The practice of having more than one spouse at the same time.
• Polygamy is illegal under the Indian Penal Code (IPC), but Muslim men are allowed to have up to four wives under Sharia Islamic law. 
• Besides, polygamy also exists in many tribal communities.
• Prevalence of polygamy in India: The National Family Health Survey-5 (2019-20) showed the prevalence of polygamy in India was 2.1% among Christians, 1.9% among Muslims, 1.3% among Hindus, and 1.6% among other religious groups.
• Countries where polygamy is legal?
  • Polygamy is permissible and legal exclusively for Muslims in nations such as India, Singapore, as well as Malaysia.
  • Polygamy is still recognized and practiced in nations such as Algeria, Egypt, and Cameroon. These are the only areas in the world where polygamy is still legal.

Laws Regarding Polygamy in India

Hindu Marriage Act, 1955:

• Under The Hindu Marriage Act, 1955, bigamy (having two spouses) is prohibited for Hindus, Buddhists, Jains, and Sikhs.
• The Act explicitly states that “neither party has a spouse living at the time of the marriage” as a condition for Hindu marriages.
• Bigamy under this act is punishable, and the provisions of Sections 494 and 495 of the Indian Penal Code apply. A person convicted of bigamy may face imprisonment and a fine.

Muslim Personal Law (Shariat) Application Act of 1937

• Muslim men are allowed to have up to four wives under Muslim Personal Law.
• However, the Supreme Court has clarified that having more than one wife is not a religious obligation in Islam.

Parsi Marriage and Divorce Act, 1936

• The Parsi laws also prohibit bigamy among Parsis.
• A Parsi who contracts a marriage without being lawfully divorced from their spouse or having their marriage legally declared null and void may be subject to penalties under the Indian Penal Code.

Indian Christian Marriage Act, 1872

• Indian Christians are prohibited from marrying a second time if their spouse from the first marriage is still living and the marriage is not void.
• The Act states that “neither of the persons intending to be married shall have a wife or husband still living.”

Special Marriage Act, 1954

• The Special Marriage Act, 1954 also states that special marriages will be solemnised when “neither party has a spouse living”.
• Upon conversions too it is clarified that another marriage of a spouse (by conversion) would not be considered valid if the previous partner of the spouse continues to remain of the religion under which the marriage was solemnised.

News Source: Livemint

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