Syllabus: GS-II &V: Government Policies & Interventions

Why in the News?

The Assam Government has tabled The Assam Prohibition of Polygamy Bill, 2025 in the State Assembly, seeking to criminalise polygamy, make it a cognizable offence, and bar convicted persons from government jobs and welfare benefits.

Background and Context

Polygamy is currently illegal for Hindus, Sikhs, Jains, Buddhists, and those married under the Special Marriage Act, but permitted under Muslim personal law.
Bigamy under the Indian Penal Code is a non-cognizable offence, meaning arrest cannot be made without a court order.
Assam’s new Bill aims to override this for the State, making the offence cognizable, ensuring immediate police action.

Key Features of The Assam Prohibition of Polygamy Bill, 2025

• Polygamy made a cognizable offence in Assam — police can register FIR and arrest without a warrant.
• Punishment: Up to 7 years imprisonment + fine.
• Exemptions:
  Sixth Schedule Areas
  Scheduled Tribe communities
• Penalty for facilitating the marriage:
  Gaonburha, village head, qazi, parents or guardians — up to 2 years jail + ₹1 lakh fine
  Priests/Qazis solemnising — up to 2 years jail + ₹1.5 lakh fine
• Repeat offenders: Double the prescribed punishment.
• Victim compensation:
  Mandatory compensation to affected women to address hardship, abandonment, and economic loss.
• Political disqualification:
  Convicted individuals barred from contesting panchayat/municipality/local body elections.
• Employment restrictions:
  Convicted persons cannot access government jobs or benefits under any government scheme.

Why This Matters for Governance and Social Justice

• Strengthens women’s rights, responding to marital abandonment and economic exploitation.
• Aligns with broader national debates on Uniform Civil Code (UCC) and gender-just personal laws.
• Addresses concerns of unregulated marriages leading to fraud, desertion, and inheritance disputes.
• Seen as part of Assam’s recent legislative trend toward women’s protection (e.g., prior laws on child marriage and fraudulent marriages).

Constitutional and Legal Aspect

• Linked to Article 14 (Equality), Article 15(3) (protective discrimination), Article 21 (Right to Dignity).
• Intersects with debates on:
• Uniform Civil Code (Article 44)
• Personal Laws vs. Fundamental Rights
• Criminalisation of bigamy under IPC Sections 494–495
• Highlights the powers of States to legislate on marriage and divorce (Concurrent List).

Challenges and Concerns Raised by Stakeholders

• Could spark debates on personal law autonomy, especially among communities that allow polygamy.
• Implementation challenges in verification, policing, and community sensitisation.
• Concerns about possible misuse or communal polarisation if not accompanied with awareness campaigns.
• Questions around the exemption for Sixth Schedule and Scheduled Tribe areas.

Way Forward

• Strengthen marriage registration systems for accountability.
• Ensure victim support mechanisms through legal aid, shelters, and social welfare.
• Community-level awareness on women’s rights and lawful marriage practices.
• Coordination with religious institutions and local bodies for smooth implementation.

Source: Assam Tribune