Historic Move: Assam Criminalizes Polygamy with Strict Penalties
In a landmark decision that marks a significant shift in personal law governance, the Assam Assembly on Thursday passed the Assam Prohibition of Polygamy Bill, 2025, effectively criminalizing polygamous marriages across the state. The new legislation introduces severe penalties for those engaging in multiple marriages, positioning Assam at the forefront of social reform in India.
The bill stipulates that individuals entering into polygamous marriages face imprisonment of up to seven years. However, the punishment becomes even more stringent for those who conceal their first marriage while contracting a subsequent one, with jail terms extending to ten years. The law also holds village heads, quazis, parents, and legal guardians accountable, prescribing up to two years imprisonment for those who knowingly participate in or conceal facts about polygamous unions.
Political Debate and Religious Perspectives
Chief Minister Himanta Biswa Sarma celebrated the bill's passage as a historic moment for women's rights in Assam. "This is not just legislation; it's a movement toward gender justice and equality," Sarma declared during the assembly session. He made a significant political promise, stating that if he returns as Chief Minister in 2026, he would introduce the Uniform Civil Code in the very first assembly session.
The bill faced strong opposition from Congress and AIUDF members, who argued it violates the Shariat Act of 1937. AIUDF MLA Aminul Islam contended that Islam permits second marriages under specific conditions. However, CM Sarma countered this argument vigorously, asserting that monogamy represents the norm in Islam, with polygamy being merely an exception.
"Ban on polygamy is a direction towards uniform civil code," Sarma emphasized, adding that a wife should never be treated as a commodity and deserves lifelong care regardless of health conditions or ability to bear children.
Road to Implementation and Public Support
The legislation's journey involved extensive consultation and research. An expert committee led by Justice (retd) Rumi Kumari Phukan conducted thorough public consultations on polygamy, revealing overwhelming support for the ban across communities. Remarkably, the majority of Muslim respondents also favored prohibiting polygamy, with only two applications received advocating for second marriages under exceptional circumstances such as infertility or serious illness.
CM Sarma acknowledged the legal complexity surrounding the bill, noting that any state law contradicting parliamentary legislation requires the President's assent. He expressed optimism that President Droupadi Murmu, being a woman, would approve the act passed by the assembly.
The Chief Minister also outlined his government's future agenda, which includes introducing mandatory marriage registration, eliminating instant divorce practices, and ensuring equal rights in divorce proceedings. He announced plans to legislate against deceptive marriages, specifically addressing concerns about land-jihad and love-jihad.
Congress MLA Abdur Rashid Mandal remained critical of the legislation, arguing that it overrides a central act and should undergo review by a select committee. Despite this opposition, the bill passed, setting the stage for significant social transformation in Assam's family law landscape.
