Why in News?
Assam Cabinet has cleared the Assam Prohibition of Polygamy Bill, 2025 which will be tabled on 25 November 2025, to criminalise polygamy irrespective of religion.
Description:
Key Features:
- Criminalises any 2nd marriage / 3rd marriage without legal divorce.
- Punishment: 7 years imprisonment or more.
- Cognizable offence → Police can arrest without warrant + immediate bail not allowed.
- The state will create a Women Compensation Fund to support women affected by polygamy (victim-centric model).
- Clear movement from personal law protection → constitutional gender value protection.
Exemptions:
Bill will not apply to:
- Scheduled Tribes in Assam.
- Sixth Schedule Areas (BTC, Dima Hasao, Karbi Anglong).
- Minority Muslims living in Sixth Schedule areas prior to 2005.
Constitutional / Legal Angle:
- Muslim Personal Law (Shariat) Act, 1937 allows polygamy.
- IPC 494 criminalises bigamy → but does not cover personal law permitted polygamy.
- SC (2015) judgement: Polygamy is not essential religious practice → can be regulated by the State.
- Aligns with Gender Justice, Equality (Art 14, 15) and Life with Dignity (Art 21).
- Continues Assam policy line (child marriage crackdown + women’s safety reforms).
- Moves closer towards Uniform Civil Norm culture like Uttarakhand UCC 2024.
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