Assam constitutes panel to examine state legislature’s competence to enact law to end polygamy

On Thursday night, Sarma announced the state government has constituted this committee to “examine the legislative competence of state legislature to enact a law to end polygamy”. He stated that the committee has been directed to submit its report within 60 days.

Earlier in the week, Himanta Biswa Sarma had announced that the government would set up a panel to examine the provisions of the Muslim Personal Law (Shariat) Act, 1937 read with Article 25 of the Constitution of India — the directive principle of state policy.

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Following Chief Minister Himanta Biswa Sarma’s announcement that Assam will move to ban the practice of polygamy through “legislative action”, the state government has constituted a four-member committee to examine the legality of such action.

On Thursday night, Sarma announced the state government has constituted this committee to “examine the legislative competence of state legislature to enact a law to end polygamy”. He stated that the committee has been directed to submit its report within 60 days.

The committee will be chaired by retired Gauhati High Court judge Justice Rumi Phukan. The other members are Assam Advocate General Debajit Saikia, Assam Additional Advocate General Nalin Kohli and advocate at the Gauhati High Court Nekibur Zaman.

In the past, Justice Phukan had been empanelled as a one-member inquiry committee by the Assam government to probe the incident where six civilians died in police firing in Mukroh village in December 2022. Apart from being the Additional Advocate General of Assam, Nalin Kohli is the national spokesperson of the BJP. Advocate Nekibur Zaman is a former chairperson of the Assam Wakf Board.

Explained Law | The law on polygamy among religious groups in India

Earlier in the week, Sarma had announced that the government would set up a panel to examine the provisions of the Muslim Personal Law (Shariat) Act, 1937 read with Article 25 of the Constitution of India — the directive principle of state policy.

He had said that during the Assam government’s crackdown on child marriage, which had begun in February this year, authorities found that many aged men got “married multiple times”, and often to minor girls. “Therefore, crackdown against child marriage is not the only solution, banning polygamy is also important,” he said.

Sukrita Baruah

Sukrita Baruah is a Principal Correspondent for The Indian Express, based in Guwahati. From this strategic hub, she provides comprehensive, ground-level coverage of India's North East, a region characterized by its complex ethnic diversity, geopolitical significance, and unique developmental challenges. Expertise and Experience Ethnic & Social Dynamics: Deep-dive coverage of regional conflicts (such as the crisis in Manipur) and peace-building efforts. Border & Geopolitics: Tracking developments along India’s international borders and their impact on local communities. Governance & Policy: Reporting on state elections, tribal council decisions, and the implementation of central schemes in the North East. Specialized Education Background: Prior to her current role, Sukrita was a dedicated Education Correspondent for The Indian Express in Delhi. This experience provided her with a sharp analytical lens for: Policy Analysis: Evaluating the National Education Policy (NEP) and university-level reforms. Student Affairs: Covering high-stakes stories regarding campus politics, national entrance exams, and the challenges within the primary and secondary education sectors. ... Read More

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