Assam Chief Minister Himanta Biswa Sarma
Credit: PTI photo
Guwahati: After Uttarakhand, Assam, another BJP ruled state, on Thursday criminalised polygamy with the Assembly passing an anti-polygamy bill.
The Assam Prohibition of Polygamy Bill, 2025, entails punishment up to seven years in jail and a fine for those convicted, and up to 10 years if a person convicted of the offence hides an existing marriage. The punishment will be doubled for repeat offenders.
Polygamy in India is already prohibited for the Hindus and others but was allowed for the Muslims (maximum four marriages) under the Sharia law.
The act will now be send for the President's Assent, CM Himanta Biswa Sarma told the Assembly.
The Opposition Congress and Badruddin Ajmal-led AIUDF questioned the bill saying it targeted the Muslims and carried communal motive in the run up to Assembly elections slated next year. But taking part in a discussion on the bill, Chief Minister Himanta Biswa Sarma told the Assembly it was aimed at protecting the Muslim women, health, dignity and rights. "I can not accept a Muslim woman becoming mother at the age of 15 when she should be studying in school or college. This Bill is not anti-Islam. Even some Islamic countries have banned polygamy realising harm," Sarma said. "This bill will teach people to be real Muslim."
The ruling BJP welcomed it saying because of the practice of polygamy, Muslim women have been made "child bearing machines." The party held polygamy responsible for high rate of birth among Muslims and those spreading to capture government land.
UCC next:
Sarma said if he is elected as the CM after the Assembly elections slated early next year, he will table a bill for a Uniform Civil Code (UCC) in the first session of the next Assembly. "Stop me from becoming the CM again, if you can, or I assure the House today that I will table the UCC bill," he said while pointing to the Opposition.
Sarma said his target was to end child marriages, instant divorce, adultery and cruelty to Muslim women. He said his government will increase the minimum age of marriage for women from 19 to 21 in the next term.
Sarma said the anti-polygamy act, however, will exempt areas under the autonomous councils protected under the Sixth Schedule of the Constitution. "The Sixth Schedule councils can enact such a law or can request the state government to bring their areas under the ambit of a law passed by the state Assembly. We can not impose," he said. "Also we want to send a message of sensitivity to the customs of the indigenous communities. Some indigenous communities have tradition of multiple marriages but now it's rare."
Bill provisions:
1. Jail upto 7 years and fine for those proved guilty of more than one marriage.
2. Imprisonment upto 10 years and fine for those convicted of the offence of hiding and existing marriage.
3. Double punishment for repeat offenders.
4. Jail upto 2 years for the village headman (gaonburah), quazi, parents or legal guardians intentionally taking part in the solmenisation.
5. Those from Assam living outside or those originally from other states committing the offence in Assam shall also come under its ambit.
6. Anyone convicted under the Act not to be entitled for government job, government benefits and can not contest panchayat or civic body polls