Assam Prohibition of Polygamy Bill, 2025

Context:
The Assam government has introduced the Assam Prohibition of Polygamy Bill, 2025, proposing stringent penal provisions against polygamy with the stated objective of protecting women, ensuring social reform, and promoting gender justice. The Bill has sparked political debate, especially in the context of personal laws, minority rights, and upcoming elections.

Key Highlights:

Government Initiative / Policy Details:

• Polygamy is proposed to be made a criminal offence in Assam.

• Punishment:

  • Up to 7 years imprisonment and monetary fine for contracting a second marriage illegally.

  • Up to 10 years imprisonment if the accused conceals an existing marriage.

• The law extends liability to village heads, qazis, parents, and legal guardians who facilitate polygamous marriages.

Applicability & Exemptions:

• Applicable across Assam, excluding Sixth Schedule areas.

• Scheduled Tribes are kept outside the ambit due to protection of customary laws.

• Prospective in nature – marriages contracted before enactment remain valid, if in accordance with existing personal/customary laws.

Data, Targets, Schemes Mentioned:

• Individuals convicted will be disqualified from government jobs, state benefits, and contesting elections.

• A designated authority will be notified to process compensation for affected women.

Stakeholders Involved:

• State Government

• Women affected by polygamous marriages

• Religious functionaries and community leaders

• Opposition parties and minority communities

Significance / Concerns:

• Aimed at gender equality, women’s dignity, and social reform.

• Opposition alleges selective targeting of Muslims, raising concerns of political motivation ahead of the 2026 Assembly elections.

Relevant Prelims Points:

• Polygamy: Practice of having more than one spouse simultaneously.

• Sixth Schedule (Articles 244 & 275): Provides for Autonomous District Councils to safeguard tribal rights and customs.

• Customary Laws: Long-established practices accepted within a community, especially among tribal societies.

• State List & Concurrent List Interface: Marriage and divorce fall under the Concurrent List, allowing both Centre and States to legislate.

Benefits, Challenges & Impact:

• Benefits: Women empowerment, legal deterrence, social reform.

• Challenges: Constitutional validity, allegations of religious discrimination, enforcement issues.

• Impact: May influence similar legislative efforts in other States.

Relevant Mains Points:

• Constitutional Provisions:

  • Article 14: Equality before law

  • Article 15: Prohibition of discrimination

  • Article 25: Freedom of religion (subject to public order, morality, health)

• Key Debate: Balance between personal laws and constitutional morality.

• Judicial Trend: Courts have upheld reasonable restrictions on religious practices conflicting with fundamental rights of women.

Way Forward:

• Ensure non-discriminatory implementation and judicial scrutiny.

• Strengthen legal aid and awareness for women.

• Promote uniform gender justice principles while respecting constitutional safeguards for tribal communities.

UPSC Relevance (GS-wise):

• GS 1: Indian Society – social reform, marriage practices

• GS 2: Polity & Social Justice – fundamental rights, state legislation, minority rights

• GS Prelims: Constitutional provisions, Sixth Schedule, personal laws