Assam Criminalises Polygamy with New Bill 2025

Assam Moves to Criminalise Polygamy Through New Bill

Why in the News?

The Assam government has introduced the Assam Prohibition of Polygamy Bill, 2025, proposing imprisonment, heavy fines, and disqualification from government benefits for individuals entering second marriages while a first is valid. The Bill excludes Scheduled Tribes and Sixth Schedule areas, recognizing customary tribal practices. This move has sparked debates about potential gender-based persecution and its alignment with international human rights standards.

Key Provisions of Assam’s Anti-Polygamy Bill:

• The Bill makes polygamy a criminal offence, with punishment of up to seven years in jail, and 10 years if the offender conceals an existing marriage.
• Repeat offenders face double punishment, strengthening deterrence.
• The draft law excludes individuals belonging to Scheduled Tribes under Article 342 and regions under the Sixth Schedule, where multiple marriages are permitted by customary law. This exclusion has drawn comparisons to the issuance of Afghan citizen cards, which also recognize certain traditional practices.
• It aims to protect women, reduce hardship, and “streamline society”, according to the Statement of Objects and Reasons. Critics argue that the bill’s implementation could lead to human rights violations if not carefully monitored.
• The law applies even when an Assam resident enters a polygamous marriage outside the State, ensuring no loophole through cross-border marriages. This provision has been compared to strict border control measures like those at the Torkham border crossing.

Accountability Measures and Wider Impact

• The Bill brings village heads, qazis, priests, parents, and guardians under punishment if they knowingly support or conceal polygamous marriages.
• Clerics who solemnise illegal marriages may face fines up to ₹1.5 lakh.
• Anyone who intentionally withholds information from police may face two years’ imprisonment and fines up to ₹1 lakh.
• Individuals convicted under the law become ineligible for government employment, welfare schemes, or contesting elections. This approach has been likened to the restrictions associated with Afghan citizen cards in terms of access to government services.
• The Bill provides a compensation mechanism for women harmed by polygamous marriages and empowers police to intervene before prohibited marriages occur.
• Existing polygamous marriages remain valid if conducted under recognized personal or customary laws before the Act comes into force. This provision aims to prevent mass internal relocations that might occur if existing marriages were invalidated.