Assam explores idea of prohibiting polygamy; Sarma denies move towards UCC

Assam Chief Minister Himanta Biswa Sarma on Tuesday announced that his government will form an expert committee to examine whether the state Legislature is empowered to prohibit polygamy in the state. 

"The committee will examine the provisions of The Muslim Personal Law (Shariat) Act, 1937 read with Article 25 of the Constitution of India, Vis-a-Vis the directive principle of state policy. The committee will engage in extensive discussions with all stakeholders, including legal experts, to arrive at a well-informed decision," he informed on Twitter.

 The chief minister said that the ban was not directed against any particular community but against all practising polygamy and "we will do this through consensus and not by force or aggression".

The expert committee, along with Islamic scholars and intellectuals, will examine the law and take us to the final goal of banning polygamy", Sarma told a press conference here to mark the second anniversary of his government.

 "We are not going towards Uniform Civil Code (UCC) for which a national consensus is required, and the Centre will take the initiative on that... We are announcing our intention to ban polygamy in the state as one component of the UCC," Sarma said.

The committee will engage in extensive discussions with all stakeholders, including legal experts, to arrive at a well-informed decision, he said.

'We want to stop a man, whether Hindu or Muslim, from marrying several times... We want to ban polygamy and declare it unconstitutional and illegal through legislative action.

The expert committee will decide whether Assam assembly is competent to do it, whether the President's assent is required and also take the views of the various sections of the society,' the chief minister said.

The Committee is expected to submit its recommendations within six months and besides the legal aspect, it will also examine the religious as well as the personal aspect.

Polygamy is high in the three districts of Barak Valley and in the Central Assam areas of Hojai and Jamunamukh, Sarma said.

The rate of polygamy among the educated section, however, is very less and it is practically non-existent among the indigenous Muslim population, he said.

What does the Muslim Personal Law (Shariat) Act of 1937 say about polygamy?

The Muslim Personal Law (Shariat) Act of 1937 deals with various aspects of Muslim personal law in India. Section 2 of the Act provides that in matters relating to marriage, divorce, and other personal matters, the Muslim law shall be applied.

Regarding polygamy, the Act does not explicitly allow or prohibit it. However, the Act does lay down certain conditions that must be met before a Muslim man in India can take a second wife. These conditions are:

* The first wife must be incapable of fulfilling her marital obligations, either due to illness or any other cause.

* The husband must obtain permission from the relevant authorities before taking a second wife.

* The husband must treat all his wives equally and provide for their maintenance and welfare.

What does Article 25 of the Constitution say?

Article 25 of the Indian Constitution guarantees the right to freedom of religion to all individuals in India. It states that 'Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion."

Even though the Constitution does not specifically mention polygamy, Article 25 is subject to public order, morality, and health, which implies that religious practices that are deemed harmful to society or violate moral values may be regulated or restricted.

In addition, Article 44 of the Indian Constitution states that 'The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." This implies that the Indian government may, in the future, enact laws that seek to harmonize the personal laws of different religious communities, including laws related to marriage, divorce, and inheritance.