In a move that fuses law, morality and social reform, the Assam government announced its plan to introduce a bill banning polygamy in the winter session of the state legislature on November 25, 2025. If enacted, the law will criminalize polygamy, prescribing imprisonment of up to seven years. Chief Minister Himanta Biswa Sarma has defended the initiative as part of a wider campaign for gender justice and women’s rights—extending the government’s earlier crusade against child marriage.
At its essence, the proposal seeks to align personal laws with the constitutional promise of equality under Article 14. While polygamy is already prohibited under the Hindu Marriage Act (1955), the Indian Christian Marriage Act (1872), and the Special Marriage Act (1954), it remains permissible under Muslim personal law. Assam’s initiative attempts to address this anomaly by banning the practice across all communities, except those protected under the Sixth Schedule.
Supporters argue that selective exemptions perpetuate inequality. Even though polygamy is statistically rare—NFHS-5 (2019–21) records its prevalence at about 1.9%—research shows that women in such marriages suffer disproportionate emotional, social and financial hardship. The Law Commission of India (Report No. 227, 2010) found that polygamy often leads to psychological distress and economic insecurity among women and children. The argument, therefore, is not about how widespread the practice is, but about what it symbolizes—an enduring contradiction to the constitutional principle of equal rights.
The Assam government has placed the proposed law within a continuum of social reform. Its earlier campaign against child marriage, which led to the arrest of over 5,000 offenders in 2023, was justified on the same grounds—protection of women and social equity. Together, these measures indicate an attempt to synchronize traditional practices with modern legal standards, especially for women from marginalized backgrounds.
However, critics view the move through a different lens. Certain religious and community leaders, particularly from the Muslim community, contend that the bill infringes upon the right to religious freedom under Article 25, as Muslim personal law historically permits limited polygamy under specific conditions. Others believe the move carries political overtones—an indirect push toward a Uniform Civil Code, a concept long debated for its perceived majoritarian undertones.
The government has responded that the bill concerns only the criminalization of polygamy and does not affect other aspects of personal law such as inheritance, succession, or divorce. Tribal communities under the Sixth Schedule remain exempt. Moreover, legal scholars and reformists point out that several Muslim-majority nations have already undertaken similar reforms. Turkey outlawed polygamy in 1926 under Atatürk’s modernist reforms; Tunisia banned it in 1956 through the Code of Personal Status; while Bangladesh and Indonesia allow it only under stringent legal regulation. These examples demonstrate that gender equality and faith need not be irreconcilable—reform can thrive within the spirit of religion and constitutionalism alike.
Yet, as sociologists caution, legislation alone cannot dismantle deeply rooted customs. For genuine change, legal reform must be supported by education, awareness, and women’s economic empowerment. Without such reinforcement, a punitive law risks driving the practice underground—resulting in secret or unregistered marriages that further disadvantage women. Meaningful progress demands a careful balance between deterrence and empowerment: punishing offenders while ensuring that women are informed, independent and secure.
From a political perspective, the proposed law positions Assam as a pioneer among Indian states in pursuing the ideals underlying a Uniform Civil Code, though the Chief Minister has described it as “Assam-specific.” The initiative is widely seen as a test case for broader national reform. However, its long-term legitimacy will depend less on the law’s text and more on its execution—with fairness, dialogue and a respect for India’s plural identity.
Historically, India’s social reform movements have had to navigate the tension between faith and equality. When the Hindu Code Bills were debated in the 1950s, critics voiced similar fears of state intrusion into religion, yet those laws became foundational to gender justice within Hindu society. Assam’s anti-polygamy bill may mark a comparable turning point—controversial at present, but potentially transformative in the long run.
Beyond the immediate debate, the issue compels India to reflect on the broader meaning of equality in a diverse democracy. The framers of the Constitution envisioned the gradual evolution of personal laws toward constitutional morality, but without coercion or cultural erasure. Assam’s initiative, therefore, must be judged not merely by its ability to criminalize a regressive practice, but by the dignity with which it sustains dialogue and inclusion.
If implemented sensitively, the law could mark a decisive step toward reconciling faith with fairness. It is not just about regulating marriage, but about defining equality in the most personal of human relationships. In a democracy that seeks both diversity and justice, true governance lies in the capacity to reform without alienation—to legislate equality without erasing identity.
Assam’s anti-polygamy bill, in that sense, goes beyond legal reform. It embodies India’s ongoing search for equilibrium between the sanctity of faith and the sovereignty of law—between the rights of individuals and the conscience of a modern nation.
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