Prohibition of Polygamy Bill, 2025

Prohibition of Polygamy Bill, 2025

Syllabus Areas:

GS I - Society

GS II - Polity & Governance

The Assam government, led by Chief Minister Himanta Biswa Sarma, tabled The Assam Prohibition of Polygamy Bill, 2025 in the State Assembly. The Bill criminalises polygamy with stringent punishments and aims to regulate marriages in the State, sparking political and social debate.

Key Features of the Bill

Nature of the Offence

• Polygamy becomes a criminal offence.
• Punishment:
  • Up to 7 years imprisonment + fine for entering a second marriage while the first is subsisting.
  • Up to 10 years if the person hides the existence of their first marriage.
  • Punishment doubles for repeat offenders.
    
    

Applicability

• Applicable across Assam except:
  • Sixth Schedule areas (Autonomous District Councils).
  • Scheduled Tribes specified under Article 342, whose customary laws in certain tribes allow multiple marriages.

Extraterritorial Application

The Bill covers:

• Any resident of Assam entering into a polygamous marriage outside the State.
• People living outside Assam but who:
  • Own immovable property in Assam, or
  • Receive State benefits, subsidies or welfare schemes.

Disqualification from Benefits

Anyone convicted under the Act becomes:

• Ineligible for government jobs (funded or aided).
• Ineligible for benefits under government schemes.
• Barred from contesting elections in Assam.

Accountability of Facilitators

Penalties extend to:

• Village heads
• Qazis / clerics solemnising marriages
• Any person who knowingly supports or facilitates an unlawful marriage.

Women's Protection and Compensation Mechanism

• A designated authority will be notified to:
  • Process applications from women affected by polygamous marriages.
  • Disburse compensation.

Prospective Operation

• The law will not affect polygamous marriages that:
  • Took place before the Act comes into force.
  • Followed proper personal/customary laws.
  • Have valid documentation.

Preventive Powers to Police

• Police officers can intervene before a prohibited marriage is solemnised.

Constitutional & Legal Angle

Intersection With Personal Laws

• Personal laws in India (Muslim, Hindu, Tribal customary practices) differ widely.
• Criminalising polygamy brings the State directly into the domain of personal liberty + religious practices.
• While Hindu Marriage Act already prohibits bigamy, Muslim personal law does not.
  → This sets up ground for legal challenges.

Article 25

• Freedom to practise religion is subject to “public order, morality, and health”.
• State may argue:
  • Protection of women = moral objective
  • Prevention of exploitation = public order consideration

Possible Judicial Scrutiny

Expect challenges on:

• Equality (Article 14)
• Discrimination (Article 15)
• Religious freedom (Article 25)
• Federal autonomy of Sixth Schedule areas

Courts will examine whether the Bill is a reasonable restriction on religious freedoms.

Impacts of this Bill:

• Social:
  • Protects women from deception and exploitation.
  • Encourages formal, documented marriages.
  • May push the practice underground.
  • Accusations of targeting Muslims → risk of social polarisation.
• Legal:
  • Directly challenges personal laws; may trigger constitutional litigation.
  • Expands State power through preventive policing and extraterritorial reach.
  • Strengthens debate on Uniform Civil Code.
• Administrative:
  • Increased burden on police and district authorities.
  • Convicts lose govt jobs, scheme benefits, and election eligibility.
  • Higher demand for marriage documentation and verification.
• Political:
  • Consolidates ruling party’s reform narrative ahead of 2026 elections.
  • Opposition alleges misuse and selective targeting.
  • Deepens identity-based political tensions.
• Economic:
  • Compensation supports affected women.
  • Fines and job ineligibility create strong deterrence.
  • Additional administrative costs to the State.

The Assam Prohibition of Polygamy Bill, 2025 marks a significant attempt to strengthen women’s rights and bring greater legal uniformity to marital practices in the State. While it promises deterrence against exploitation and supports affected women, its sweeping criminal provisions, extraterritorial reach, and exclusions for certain communities raise complex social and constitutional questions. The political timing has also invited criticism of selective targeting. Ultimately, the Bill’s success will depend on fair implementation, sensitivity to community dynamics, and a balanced approach that upholds both women’s dignity and constitutional values.

Prelims Questions: