Polygamy in India: Prevalence & Challenges

The Assam Cabinet has cleared the Assam Prohibition of Polygamy Bill, 2025, to criminalise polygamy and promote gender equality, with possible exemptions for Sixth Schedule tribal areas.

Assam Prohibition of Polygamy Bill, 2025

Punishment: Conviction for polygamy will attract rigorous imprisonment up to seven years & a fine.
Compensation Fund: Establish a State Victim Relief Fund to offer financial support to victims.
Applicability: Applicable throughout Assam, excluding Sixth Schedule areas managed by autonomous councils.
Legal Basis: Draws strength from Article 44 (Uniform Civil Code) and Article 15(3) empowering the State to make special provisions for women.
Implementation: Offences are cognizable & non-bailable, to be tried under Sections 494–495 IPC.

Legal Provisions of Polygamy Under Various Religions

Hindus, Buddhists, Jains, Sikhs: Prohibited under Section 5 of the Hindu Marriage Act, 1955, a second marriage during the lifetime of a spouse is void (Section 11) and punishable under Section 494 IPC.
Christians: Banned under the Indian Christian Marriage Act, 1872; offenders can be prosecuted.
Parsis: Parsi Marriage and Divorce Act, 1936, which allows only monogamous marriages.
Muslims: Permitted up to four wives under the Muslim Personal Law (Shariat) Application Act, 1937, subject to equal treatment and justice.

Prevalence of Polygamy in India

NFHS-5 (2019–21): National prevalence of polygamy stands at 1.4%, down from 1.9% in NFHS-4 (2015–16), showing a steady decline across communities.
By Religion: Muslims (1.9%), Hindus (1.3%), Christians (1.0%), Tribal groups (2.4%), indicating cultural and economic factors as key drivers.
Regional Trends: Higher prevalence in northeastern states like Meghalaya, Mizoram, and Assam, due to customary tribal laws and matrilineal traditions.

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Need for Polygamy Prohibition

Gender Equality: Upholds Articles 14 and 15, ensuring non-discrimination against women.
Constitutional Morality: Aligns with Article 44 and promotes secular legal uniformity in marriage laws.
Judicial Precedent: Javed v. State of Haryana (2003) held that polygamy is not an essential religious practice and can be restricted in the public interest.
Women’s Empowerment: Protects women from economic insecurity, mental distress, and social marginalisation arising from polygamous unions.
Global Practices: Many Islamic countries like Turkey, Tunisia, and Indonesia have regulated or banned polygamy in line with women’s rights frameworks.

Challenges Faced in the Prohibition of Polygamy

Customary Laws: The Sixth Schedule operate under autonomous frameworks, limiting state jurisdiction.
Religious Sensitivity: Risk of political and communal backlash over perceived interference. E.g. protests during debates on the Uniform Civil Code in Uttarakhand (2024).
Implementation Gap: Enforcement of prohibitions and conviction rates under Section 494 IPC remain very low (<10%) due to weak reporting and social stigma. (NCRB)
Socio-Economic Dependence: Victims often lack financial independence, making withdrawal from relationships difficult. E.g. over 60% of victims rely economically on the husband’s family. (NCW 2022)

Way Forward

Legal Uniformity: The Law Commission Report No. 279 (2018) recommended phased UCC reforms with public consultation for social acceptance.
Victim Support Mechanisms: Operationalise financial, psychological, and legal aid schemes to empower affected women. E.g. NCW’s One Stop Centre Scheme, ensuring holistic victim assistance.
Customary Law Dialogue: Engage with Sixth Schedule councils to integrate women’s rights into tribal legal system. E.g. Nagaland Women’s Reservation initiative showed balancing tradition with equality.
Data and Monitoring: Establish a state registry of marital status and second marriages. E.g. Indonesia’s marriage registration system, which curbed polygamy by linking marriage to national ID databases.
Judicial and Administrative Coordination: Strengthen family courts, legal aid centres, and women’s commissions for quick redressal and deterrence. E.g. Fast-Track Special Courts (2019) model.

The Assam Polygamy Bill, 2025 represents a progressive move toward upholding constitutional morality, women’s rights, and uniform civil principles, but its success will hinge on inclusive dialogue with tribal communities and effective on-ground enforcement.

Reference: The Hindu

PMF IAS Pathfinder for Mains – Question 411

Q. Polygamy has been defended as a matter of faith under personal laws, yet criticised as discriminatory against women. Evaluate whether a legal ban on polygamy would strengthen constitutional morality more than it restricts religious freedom. (250 Words) (15 Marks)

Approach

Introduction: Write a contextual introduction about polygamy in India and mention Assam’s Polygamy Prohibition Bill, 2025.
Body: Write a constitutional and legal context of polygamy in India, a legal ban on polygamy would strengthen constitutional morality and restrict religious freedom.
Conclusion: Emphasis on a balanced approach to uphold constitutional morality, women’s rights, and uniform civil principles.