26.11.2025

Polygamy, Polyandry and the Uniform Civil Code (UCC)

Subject: Polity & Society

Context

Assam’s proposal to ban polygamy has revived debates on personal laws, gender equality, and the UCC, while raising concerns about safeguarding tribal customs protected under the Constitution.

About the Issue

Definitions and Legal Status

Polygamy

• Polygamy: a man having multiple wives.
   
• Banned under Hindu, Parsi, and Special Marriage Acts.
   
• Permitted under Muslim personal law with conditions.
   
• Practised in some tribal communities under protected customary laws.
   

Polyandry

• Polyandry: a woman having multiple husbands.
   
• Not legally recognised but persists in a few tribal regions as a traditional custom.
   

Customary Practices in Tribal Areas

• Several tribal communities follow customary laws allowing polygamy or polyandry.
   
• These practices are protected through the Fifth and Sixth Schedules, which ensure tribal autonomy and cultural preservation.
   

Assam’s Anti-Polygamy Initiative

Key Provisions

• Criminalisation of polygamy with penalties up to 10 years of imprisonment and fines.
   
• Applies to non-residents marrying polygamously within Assam.
   
• Sixth Schedule tribal areas are exempt to preserve cultural self-governance.
   

Significance

• Considered a precursor to UCC-style reforms at the state level.
   
• Aims to align personal laws with principles of equality while maintaining protections for tribal traditions.
   

Uniform Civil Code (UCC)

Concept

• A UCC seeks a common legal framework for marriage, divorce, inheritance, and adoption across communities, promoting equality and national integration.
   

Constitutional Framework

• Sixth Schedule Autonomous District Councils regulate personal and customary laws in parts of the Northeast.
   
• Fifth Schedule areas offer safeguards for tribal practices elsewhere.
   
• These protections require UCC reforms to consider cultural diversity and indigenous customs.
   

Challenges

• Balancing uniformity with tribal autonomy remains complex.
   
• Practices like polygamy or polyandry necessitate careful, consultative policymaking.
   
• State-level steps, such as Assam’s initiative, may guide gradual nationwide reforms.
   

Conclusion

The debate on polygamy, polyandry, and the UCC reflects India’s effort to merge gender equality with cultural pluralism. Assam’s initiative represents an incremental reform path while respecting tribal autonomy within constitutional safeguards.