Introduction

Recently, the State of Assam decided to constitute an expert committee to consider whether the legislature is empowered to bring about a ban on the subject of polygamy.

• This decision of the state government has led to widespread unrest among people who perceive it as a target on the minority population.

What is the Background of this Issue?

• The Chief Minister of Assam, Mr. Himanta Biswa Sharma, has constituted a committee to deal with the matter of polygamous marriages.
• He contended that the committee will examine Article 25 of the Constitution of India, 1950 (COI), Muslim Personal Law (Shariat) Act, 1937 and consult Islamic scholars.
• The topic of polygamy has been posing difficulty since the time of independence owing to a constant tussle between personal law and women’s rights.
• The Supreme Court as well has stated earlier that it would form a constitutional bench to discuss the issue of polygamy.
• The National Family Health Survey-5 (NFHS-5) provided data that polygamous marriages are not just restricted to a particular religion but rather cut across communities.
  • The NFHS is a large-scale, multi-round survey conducted in a representative sample of households throughout India.
  • From 1992-1993, the first round of the NFHS was conducted. Subsequently, four other rounds have taken place, the latest being NFHS 5.

What is the Current Scenario of Polygamy in India?

• The following data is provided by the NFHS-5 for the period between 2019-2021.
  • 1.4 % of married Indian women said their husbands had another wife or wives.
  • A higher rate of polygamy exists among the Scheduled Tribes (2.4 %) and marginally among the Scheduled Castes (1.5 %).
  • At 1.6 %, Meghalaya reported the highest figure for polygamy, while Goa was at the bottom of this list with a figure of 0.2 %.
  • The rate of polygamy among various religions is as follows:
    • 2.1 % among Christians
    • 1.9 % among Muslims
    • 1.3 % among Hindus and Buddhists
    • 0.5 % among Sikhs
    • 2.5 % in the case of other religions or castes.

What are the Legal Provisions of Polygamy Under Various Religions?

• Hinduism:
  • Polygamy was practiced prior to the enactment of the Hindu Marriage Act, 1955 (HMA) which completely abolished its practice.
    • The HMA is applicable to any person who is Hindu by religion in any of its form or development or to any person who is a Buddhist, Jaina or Sikh by religion.
  • Section 11 of HMA states that bigamous marriages are null and void, i.e., they don’t hold any value under the Indian Laws.
  • Section 17 of HMA states that if any individual indulges in polygamy after the introduction of this Act, he could be punished under Section 494 of the Indian Penal Code, 1860 (IPC) for the offence of bigamy.
    • Section 494 of the IPC - Marrying again during lifetime of husband or wife. —
    • Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
    • Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
• Christianity:
  • Under the New Testament (the second part of the Christian Bible, written originally in Greek, recording the life and teachings of Christ and his earliest followers), it was stated that the church leaders should only practice monogamy and should not have multiple wives.
  • Apart from that, Paul, the Apostle had clearly indicated that widows should be allowed to remarry even the already married men as this would provide them with a means of sustenance.
  • In modern times, the Christian Marriage Act, 1872, applies to regulate the matters of marriage among Christians in different parts of the country and it prohibits bigamy.
• Muslim Law:
  • Polygamy is legalized among Muslim men, i.e., Muslim men can marry multiple wives at the same time, but this should not exceed four at a given time.
  • In the modern period, Indian Muslims are required to follow the legal provisions stated under the Muslim Personal Law Application Act, 1937 which doesn’t prohibit polygamy in any form.

What are the Concerns of Polygamy in India?

• The practice of polygamy is inconsistent with the modern concept of gender equality and fundamental human rights.
• Often the woman in polygamous marriage faces exploitation and abuse which can be both mental and physical.
• The children of polygamous marriages develop mental and social issues, and they also deal with lack of care and affection.
• Poor economic conditions, lack of education, etc. can be seen in polygamous families.

Conclusion

Polygamy is still practiced in a few countries of the world. Generally, it is seen that in personal laws of Muslims polygamy is permitted and is practiced lawfully in the Muslim majority countries. Several countries, such as India, Singapore, and even Malaysia, have allowed the practice of polygamy among Muslims. Further discussions are required to opt for banning the practice of polygamy and the data provided by NFHS needs to be observed carefully.