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Assam passes landmark bill banning Polygamy, making it a cognizable offence

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Assam passes landmark bill banning Polygamy, making it a cognizable offence
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Guwahati: The Assam Legislative Assembly on Thursday passed a significant piece of legislation, the Assam Prohibition of Polygamy Bill 2025, which makes the practice of marrying more than one person at a time a cognizable criminal offence in the state.

The move, spearheaded by Chief Minister Himanta Biswa Sarma, is aimed at eliminating polygamous marriages across all communities and providing legal protection and compensation for women in illegal unions.

Key Provisions and Penalties

The Bill defines polygamy as entering a marriage while:

  • Already having a living spouse.
  • Not being legally separated from the other spouse.
  • Being part of a marriage not yet dissolved or annulled by decree of divorce, with an appeal pending.

The proposed penalties are strict:

  • Unlawful Polygamy: Imprisonment for up to 7 years.
  • Concealing a Previous Marriage: Imprisonment for up to 10 years.
  • Aiders and Abettors: Village Heads (Gaonburah), Quazis, parents, or legal guardians who dishonestly or fraudulently participate in the solemnization of a polygamous marriage can face up to 2 years of imprisonment and a fine up to ₹1 lakh.

Additionally, the new Act ensures compensation and legal protection for women in illegal marriages, with stricter penalties proposed for offenders with repeated violence.

🗣️ CM Sarma Addresses Religious and Tribal Concerns

The Bill faced opposition, primarily over its potential conflict with Muslim Personal Law and the exemption of tribal communities.

Chief Minister Sarma emphatically stated that the law is “irrespective of religion and not against Islam.”

“This bill will cover people from Hindu, Muslim, Christian and all other societies,” he asserted, adding that Hindus are also not free from the practice.

He urged people to support the Act, even citing the example of Turkiye, which has banned polygamy. “Islam can’t promote polygamy… The true Islamic people will welcome this Act,” he added, suggesting the Bill would help individuals be a “true Muslim.” The Chief Minister’s request for the Opposition to withdraw their amendments for a unanimous vote was defeated as AIUDF and CPI(M) pressed ahead with modification suggestions, which were subsequently defeated by voice vote.

On Tribal Exemption:

The draft law will apply across the state except in Sixth Schedule areas and to members of any Scheduled Tribe (ST) as defined by the Constitution.

Responding to concerns about this exemption, CM Sarma clarified the government’s position, stating they could not “impose law on tribals.” The exemption is rooted in clause (25) of Article 366, read with Article 342 of the Constitution of India.

The passage of the Assam Prohibition of Polygamy Bill, 2025 marks a major legislative step by the state government towards gender justice and legal uniformity in marriage practices.

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