Assam moves to ban polygamy, aims to end deep social imbalance

Assam CM Himanta Biswa Sarma on Thursday made a strong pitch for ending polygamy and introducing stricter marriage laws during the Winter Session of the state Assembly. Speaking during the discussion on the polygamy prohibition bill, the Chief Minister said that the aim of the legislation is to protect young girls and end long-standing harmful practices across communities.

Sarma said decisive action was needed to dismantle such practices, remarking that society first requires a “shock treatment,” followed by a compassionate approach. He highlighted the contrast between young girls entering universities at 21 and others becoming mothers at 15, calling it a deep social imbalance that must be corrected.

Countering the Opposition’s allegations of political motives, the Chief Minister asserted that the bill was meant for the “oppressed and exploited,” not for electoral gain. He also pointed out that lawmakers opposing the bill were all male and raised concerns over older men marrying girls as young as 15 or 16. He added that polygamy exists across communities and said it is equally important to address the practice among Hindus, Christians and Muslims.

On Sixth Schedule areas, Sarma clarified that the state government cannot impose laws on subjects outside its jurisdiction, and that autonomous councils like the BTC have the authority to frame their own marriage-related laws subject to the Governor’s approval. He expressed hope that the councils would also take steps to curb polygamy.

Referring to a High Court-appointed committee that sought public feedback on polygamy in May 2023, the Chief Minister noted that only two submissions favoured the practice, indicating strong public support for reform.

The Chief Minister also cited interpretations of Islamic teachings, mentioning that even Prophet Muhammad discouraged second marriages without the first wife’s permission. He added that several Islamic nations have already banned polygamy and argued that no woman wishes her husband to have another wife. He described polygamy as an act that “deceives God” and said the law aims to encourage members of the Muslim community to follow their faith sincerely.

Sarma further criticised the practice of men remarrying if a wife is ill or unable to bear children, calling it a “deep insult” to women. He stressed that marriage is a commitment, not a transaction.

Issuing a challenge to the Opposition, the Chief Minister declared that if he returns to power, he would raise the minimum marriage age for women from 18 to 21. He added that the new law will require Presidential assent and said he has already held discussions with the Central Government.

Sarma also informed the House that another marriage-related bill will be introduced in the upcoming February session. He said the new legislation will include penalties for parents who encourage their sons to take a second wife, adding that parents found guilty may face stricter punishment than the husband involved.

With the polygamy bill now passed by the Assembly, the government awaits approval from the President before the law can be implemented in the state.

Also Read: Assam: Child labour allegations surface at private tea factory in Udalguri’s Bamunjuli