Assam Chief Minister Himanta Biswa Sarma announced on Thursday that the state government plans to ban polygamy in the state immediately and that legislation will be introduced during the upcoming Assembly session.
Polygamy, or the custom of having more than one wife or husband at the same time, has become a recurring topic in the ongoing discussions about the Uniform Civil Code (UCC) in India.
"We want to introduce the bill in the upcoming Assembly section in September. If, for some reason, we can’t do it, then we will do it in the January Assembly session,” the chief minister said on Thursday.
"In Assam we want to ban polygamy immediately. However, if UCC comes, we don’t have to take action, as it will merge with UCC,” he added.
CM Sarma's announcement came after the Assam government constituted a panel in May to investigate the legality of a legislative action to ban polygamy. The four-member panel was led by retired Gauhati High Court judge Justice Rumi Phukan. The other members were Assam advocate General Debajit Saikia, Assam Additional Advocate General Nalin Kohli, and Gauhati High Court advocate Nekibur Zaman.
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Earlier on Tuesday, CM Sarma stated that polygamy should be banned for the betterment of Muslim women.
He also stated that the UCC would greatly benefit women as it would grant them equal property rights. This would empower them and bring females on par with men, he added.
Polygamy in India
Polygamy, or the practice of having multiple spouses, is largely not legal in India.
The Hindu Marriage Act of 1955, which oversees Hindu marriages, explicitly prohibits polygamy.
Similarly, the Indian Penal Code (IPC) criminalises bigamy, or marrying someone while still being married to someone else. Buddhism, Jainism, Sikhism, and certain other sects and communities are covered under the Hindu Marriage Act, 1955. Polygamy is punishable under Sections 494 and 495 of the IPC.
However, there are some exceptions where polygamy is allowed under personal laws for specific religious communities. Under Islamic law, Muslim men are allowed to have up to four wives, as long as they can provide for all of them equally.