Assam passes law against polygamy, CM Himanta says not against any religion
Assam CM Himanta Biswa Sarma said it is a step towards implementing a Uniform Civil Code in the state, and that the government plans to introduce a law against deceptive marriage by February
Silchar: The Assam Assembly on Thursday passed the Assam Prohibition of Polygamy Bill, 2025, which bans the practice of polygamy and polygamous marriages in the state with a penalty of jail up to 10 years.
The bill was placed before the Assembly on November 25, the first day of the winter session, and was taken up for discussion on Thursday.
The new law prescribes a maximum punishment of 10 years’ imprisonment for offenders, and up to two years’ imprisonment for parents, priests, quazis and others who facilitate such marriages.
As per the draft, any individual who already has a living spouse or whose previous marriage has not been legally dissolved will be barred from contracting another marriage. The legislation also criminalises concealing an existing marriage while entering into a subsequent one.
Individuals entering into a polygamous marriage during the lifetime of their spouse may face up to seven years’ imprisonment and a fine. If the earlier marriage is deliberately concealed from the subsequent spouse, the punishment increases to 10 years’ imprisonment along with a fine. Repeat offenders are liable to double the punishment for subsequent offences.
Opposition parties including Raizor Dal and the All India United Democratic Front (AIUDF) opposed the bill, arguing that polygamy is already prohibited under the Bharatiya Nyaya Sanhita (BNS) and that Assam does not require a separate law.
Chief minister Himanta Biswa Sarma said the legislation is meant to safeguard the rights of women. “We are gender-biased and protecting women from these kinds of age-old rituals with the help of law is important,” he said.
Sarma said the judicial system already has provisions against polygamy, but the Muslim Personal Law (Shariat) Application Act, 1937 shields Muslim men from these provisions, necessitating a separate state law.
“We have studied Islam’s provisions and found that the Quran itself says monogamy is the law and polygamy is an exception. There are specific conditions for entering a new marriage, which most men do not follow while marrying multiple times. Our law is not against Islam but for humanity,” he said.
He cited cases of elderly men marrying much younger women. “There are instances where 60–70-year-old men marry 18–20-year-old girls by taking advantage of their financial and social status, causing immense suffering to women.”
“Islam says a man must give equal respect to both wives and that the second marriage must take place with the consent of the first wife. I want to ask, which woman would happily allow her husband to bring another wife? She suffers, and nobody supports her. We are putting a complete ban on this now,” he added.
The bill provides for compensation to women affected by polygamous marriages and empowers the state government to notify rules for enforcement.
Convicted individuals will be barred from public employment, government-aided schemes and contesting local elections in Assam. Police officers are empowered to intervene, inspect premises and prevent the solemnisation of polygamous marriages.
Local authorities, parents and legal guardians who knowingly aid or conceal such marriages may face up to two years’ imprisonment and fines of up to ₹1 lakh. Priests or quazis solemnising such marriages may face up to two years’ imprisonment or fines of up to ₹1.5 lakh.
The bill assigns responsibilities to gaon-burahs (village heads), local quazis and parents/guardians to report polygamous marriages or attempts thereof to the police. Failure to report will attract penalties.
The law applies even to Assam residents who enter into polygamous marriages outside the state. Non-residents performing polygamous marriages within Assam are also liable.
Sarma clarified that the law excludes Scheduled Tribe (ST) communities and areas under the Sixth Schedule, stating that “Sixth Schedule areas have their own legislations and the government respects that.”
He added that the legislation is a step towards implementing a Uniform Civil Code (UCC) in Assam, and that the government plans to introduce a law against deceptive marriage by February.
“This is a step forward to implementing the UCC in Assam, and if I become Chief Minister again, the UCC will be implemented in the very first session of the Assembly,” he said.
Sarma appealed for unanimous support. However, the AIUDF and CPI(M) moved amendments, all of which were rejected by voice vote.
AIUDF MLA Rafiqul Islam argued that the ratio of polygamy among Muslims in Assam is not significantly higher than among Hindus, and that states like Meghalaya, Arunachal Pradesh and Mizoram, where Muslim populations are low, have higher polygamy rates.
Sivasagar MLA Akhil Gogoi said polygamy is already banned under relevant sections of the BNS but the Assam government is bringing a law “targeting one religious community.” He also criticised the provision for punishing parents under the new law.
