On draught law to end polygamy, Assam government seeking public opinion

On Monday, the Assam government asked the public for feedback on a draught that would ban polygamy in the state. Two weeks after Assam Chief Minister Himanta Biswa Sarma announced a new law to ban polygamy, the practise of marrying multiple women, the BJP government released a public notice asking for recommendations.

Chief Minister Sarma tweeted, ‘Members of the public are requested to send their suggestions on the proposed law to ban polygamy in Assam.’

According to a government announcement, the public may submit their comments before August 30 either directly to the Principal Secretary of the Home and Political Department or via email to [email protected].

A bill on the matter will be tabled by the BJP government this fiscal year, according to CM Sarma’s announcement from last week. His statement followed the state government’s expert committee’s recommendation that the state legislature has the authority to pass a law outlawing polygamy.

The expert committee’s report claims that ‘marriage’ is included on the Concurrent List, which allows both the Centre and the states to enact legislation.

In its report, the committee also noted that Article 25 of the Constitution, which guarantees religious freedom, did not forbid the act to end polygamy.

‘Articles 25 and 26 of the Constitution provide freedom of conscience and the right to practice religion. However, these rights are not absolute and are subject to public order, morality, health, and legislative provisions for social welfare and reform,’ the committee stated in its report.

According to the report, religious practises ‘must be essential and integral to the religion’ in order to be protected.

‘Legislation limiting the number of wives is within the purview of’social welfare and reform’ and does not infringe upon the right to practise one’s faith. As a result, policies encouraging monogamy do not contravene Article 25,’ according to the research.

The expert group noted that courts have determined that having more than one wife is ‘not an essential part of the religion’ with regard to the Islamic tradition, which permits four spouses.