Polygamy in India

03.12.2025

Polygamy in India

Context

The state of Assam has officially enacted the Assam Prohibition of Polygamy Bill, 2025. This legislative move makes Assam the second state in the country, following Uttarakhand, to enforce a legal ban on polygamy.

About the News

Definition: Polygamy is a marital practice wherein an individual is married to more than one spouse simultaneously. In the Indian legal landscape, the validity of such marriages is not uniform; it is governed by a complex mix of religious personal laws, state legislations, and tribal customs.

Historical Evolution: While polygamy was historically practiced across various communities, post-independence reforms sought to restrict it. The Hindu Marriage Act of 1955 was a watershed moment that outlawed bigamy for Hindus. However, Muslim personal law continued to permit the practice, and the Constitution safeguarded the customary practices of tribal communities.

Current Legal Framework

Religious Laws:

• Hindus, Buddhists, Jains, and Sikhs: Bigamy is strictly prohibited under the Hindu Marriage Act, 1955. Any second marriage contracted while a spouse is living is considered void.
• Parsis: Prohibited under the Parsi Marriage and Divorce Act, 1936.
• Christians: Prohibited under the Indian Christian Marriage Act, 1872.
• Muslims: Governed by the Muslim Personal Law (Shariat) Application Act, 1937, which allows a Muslim man to have up to four wives. Consequently, this is not treated as a criminal offense under Section 82 of the Bharatiya Nyaya Sanhita (BNS).

Regional & Tribal Exceptions:

• Goa: Governed by the Portuguese Civil Code, which mandates monogamy for all residents. Note: A historical provision exists allowing a Hindu man a second marriage under specific circumstances (e.g., lack of male heir), but it has been effectively defunct since 1910.
• Tribal Communities: Members of Scheduled Tribes are generally exempt from these marriage laws due to protections under the Fifth and Sixth Schedules of the Constitution, allowing their customary laws to prevail.

Recent State-Level Bans

Uttarakhand (UCC 2024):

• The state implemented a ban on bigamy/polygamy as part of its Uniform Civil Code (UCC).
• Exemption: The ban applies to all residents except those belonging to Scheduled Tribes.

Assam (2025 Bill):

• Nature of Offence: Polygamy is now classified as a cognisable and non-bailable offence.
• Penalties: Offenders face imprisonment ranging from 7 to 10 years.
• Civil Consequences: Individuals convicted under this law are barred from government employment and from contesting elections.
• Exemption: Similar to Uttarakhand, tribal areas are exempt from this legislation.

Significance

• Gender Justice: The move is framed as a step toward protecting women's rights and ensuring dignity within marriage.
• Legal Uniformity: It represents a shift toward uniform legal standards for marriage, challenging the autonomy of personal laws.
• Precursor to National UCC: These state laws are viewed as testing grounds for a potential nationwide Uniform Civil Code, sparking debate regarding minority rights and constitutional religious freedoms.