Home/Current Affairs/Polygamy in India – Assam Govt Order Employees Can’t Enter Second Marriage Without Permission
Polygamy in India – Assam Govt Order Employees Can’t Enter Second Marriage Without Permission
30 Oct 2023
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.
Connect with our experts to get free counselling & start preparing
Aiming for UPSC?
Download Our App
Know about Physics Wallah
Physics Wallah is an Indian online education platform, that provides accessible & comprehensive learning experiences to students of classes 6 to 12 and those preparing for JEE and NEET exams. We also provide extensive NCERT solutions, sample papers, NEET, JEE Mains, BITSAT previous year papers, which makes us a one-stop solution for all resources. Physics Wallah also caters to over 3.5 million registered students and over 78 lakh+ Youtube subscribers with 4.8 rating on its app.
We Stand Out because
We successfully provide students with intensive courses by India's qualified & experienced faculties. PW strives to make the learning experience comprehensive and accessible for students of all sections of society. We believe in empowering every single student who couldn't dream of a good career in engineering and medical field earlier.
Our Key Focus Areas
Physics Wallah’s main focus is to create accessible learning experiences for students all over India. With courses like Lakshya, Udaan, Arjuna & many others, we have been able to provide a ready solution for lakhs of aspirants. From providing Chemistry, Maths, Physics formulae to giving e-books of eminent authors, PW aims to provide reliable solutions for student prep.
What Makes Us Different
Physics Wallah strives to develop a comprehensive pedagogical structure for students, where they get a state-of-the-art learning experience with study material and resources. Apart from catering students preparing for JEE Mains and NEET, PW also provides study material for each state board like Uttar Pradesh, Bihar, and others.
Aiming for UPSC?
Download Our App
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
Quick Revise Now ! UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format Integration of PYQ within the booklet Designed as per recent trends of Prelims questions हिंदी में भी उपलब्ध
<div class="new-fform">
</div>
Subscribe our Newsletter
Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.