Syllabus: GS-II: Govt Intervention

Why in the news?

The Assam Government has announced that it will table a new bill in the upcoming Winter Session of the Legislature on November 25, 2025, to ban polygamy regardless of religion.

This move comes amid a larger legislative push by the State to curb practices such as child marriage, strengthen women’s rights, and align personal laws with principles of equality and dignity.

Key features of the proposed bill

• The proposed law will make it an offence if a person enters into a second marriage without first obtaining a legal divorce from the first spouse.
  • The penalty is imprisonment of seven years or more, irrespective of religion.
• It will apply to all communities in Assam, thereby overriding religious allowances for polygamy. 
• The bill is positioned as part of the State’s broader agenda of gender justice — the Chief Minister emphasised that while some claim religion permits multiple marriages, “we will not allow it here.”
• Assam joins Uttarakhand, which banned polygamy in 2024 as part of its Uniform Civil Code, extending monogamy to all citizens, including Muslims.
  

Legal & social background

• Under the Muslim Personal Law (Shariat) Application Act, 1937, polygamy is legally permissible in India only for Muslim men, provided all parties to the marriage are Muslim.
• Meanwhile, the Indian Penal Code’s Section 494 criminalises bigamy (marrying again during the lifetime of a spouse) universally, but it does not cover religiously-sanctioned polygamy in all contexts.
• Judicial interventions, such as the Supreme Court’s 2015 ruling, clarified that polygamy is not a fundamental part of the Muslim faith and may be regulated/banned by the state.
• By bringing in a State law that criminalises polygamy regardless of religion, Assam aims to standardise the marriage norm and remove religious exemptions in the interest of women’s dignity and equality.
  

Why this matters

• By enforcing monogamy, the bill seeks to advance the dignity of women, one of the key values embedded in the Constitution of India (Article 21).
• The proposed law also aligns with the Directive Principles of State Policy which encourage the State to ensure that marriages are solemnised and registered and that rights of women and children are protected.
• In Assam, the law comes at a time of policy momentum as, the State has already taken strict action against child marriage and has introduced schemes for girls’ education (Nijut Moina Scheme).
  • Assam’s crackdown on child marriage: more than 8,000 arrests within two years and an 81% reduction in cases across 20 districts between 2021 and 2023.
• This also reflects the difficulty of balancing religious freedom (Article 25) and gender-equality rights (Articles 14 and 15) — the bill signals a prioritisation of the latter where practices affect women’s rights.
  

Potential challenges and implications

• The bill may attract opposition from religious groups who view polygamy as sanctioned by personal law; navigating this conversation sensitively will be important for social cohesion.
• Enforcement and implementation will be key: how will second marriages be identified, how will existing marriages be treated, what safeguards will women have?
• There may be concerns about retroactive effect, legal validation of existing relationships, and ensuring that women in polygamous unions are not further disadvantaged.
• On the positive side, the legislation can act as a deterrent to exploitative practices and send a strong social message about equality and dignity.
  

What this means for Assam’s women and society

• Women will gain stronger legal protection against being in polygamous relationships that may undermine their social, economic, and emotional status.
• The move may help reduce child marriages, which are often linked to polygamous or unregistered unions, and thereby improve girls’ schooling, health, and chances of empowerment.
• It also signals a move towards a uniform civil culture, regardless of religion, which may simplify marriage registration, reduce legal ambiguity, and enhance access to rights for women.
• At the societal level, this step may promote a culture of valuing monogamous relationships, enhancing family stability, and aligning social norms with constitutional values.
  

Exam Hook: Key Take-aways

• Assam’s proposed anti-polygamy bill will criminalise any second marriage without divorce, across religions, with a minimum of seven years’ jail.
  
• It underscores the balance between religious personal laws and constitutional guarantees of gender equality, non-discrimination, and dignity of women.
  
• Implementation and safeguarding women’s rights during the transition will be important; the law is only a tool — social attitudes and awareness must evolve too.
  

Short Mains Question:
“Analyse the significance of Assam’s move to ban polygamy for advancing women’s rights and gender justice. What are the key legal and implementation challenges such a law may face?”

One line wrap:
A landmark step by Assam to place gender equality above discriminatory marital practices.

SOURCE