The Assam debate on Polygamy Bill, and what it contains

Assam Chief Minister Himanta Biswa Sarma, however, said the Bill would be equally applicable to Hindus and Christians as well as Muslims and that it was not meant to target any community. On the exemption of tribal communities, he said the government could not “impose law on tribals”.

The Assam Prohibition of Polygamy Bill 2025 proposes to make polygamy — entering a marriage while already having a living spouse; while not legally separated from the other spouse; or while part of a marriage not yet dissolved or annulled by decree of divorce and is pending appeal — a cognizable criminal offence.

It proposes to make entering a marriage under these conditions an offence punishable with imprisonment up to seven years and a fine. It further proposes that if this is accompanied by “concealment of the former marriage from the person with whom subsequent marriage is contracted”, the imprisonment could be of up to 10 years. It proposes that repeat offences be punishable with double the punishment.

Heated debate

During the debate on the Bill, multiple Opposition MLAs said that it “contradicts” Muslim Personal Law (Shariat) Application Act, 1937 — an Act of Parliament that states that marriage where the parties are Muslims shall be under Muslim Personal Law, which allows a Muslim man to have four wives.

Congress MLA Abdir Rashid Mandal argued that this would make the Bill ultra vires. In response to these arguments, Chief Minister Sarma said that after being passed, the Bill would be reserved for presidential assent under Article 254(2) of the Constitution.

The proposed law exempts the state’s tribal population from its ambit, and it will not apply to areas under the Sixth Schedule of the Constitution — the Bodoland Territorial Region and the hill districts of Dima Hasao, Karbi Anglong and West Karbi Anglong. This point was protested by multiple Opposition MLAs.

“One of the intentions in bringing this Bill is that when a man takes a second wife, the first wife suffers and is put through sorrow. But under Section 2 of the Bill, we are seeing that some areas are exempted. In Dhubri, a woman whose husband enters a second marriage suffers as much as a woman in Dibrugarh whose husband takes on a second wife, and a woman in Kokrajhar and Karbi Angling will suffer as much,” argued Congress MLA Jakir Hussain Sikdar.

However, Sarma said, “The Bodoland Territorial Council has not just executive powers but legislative powers too. Apart from subjects which are with the state government, such as Home, medical and education, this House cannot make laws for Sixth Schedule areas without the consent of BTC and the Karbi Anglong and Dima Hasao councils… We hope and expect that these councils will also follow the footsteps of this House and pass similar Bills, but we cannot impose.”

Independent MLA Akhil Gogoi argued that along with protecting customary law under the Sixth Schedule, the Constitution also contains Articles 25 and 26, which pertain to freedom of free profession, practice and propagation of religion, and to manage religious affairs.

AIUDF MLA Aminul Islam argued that the Bill is a part of a pattern of laws passed in the state in the past few years, which seek to target Muslims.

“If we look at the acts of the past few years, there has been a pattern of the government getting its hands into Muslim personal matters — be it abolishing the old Muslim Marriage Act and passing a new one, laws stopping land sale, madrasa abolition, [and] cattle preservation. So, somewhere, we are seeing that the target is Muslim-related matters… The Chief Minister himself keeps making derogatory statements, repeating ‘miya miya miya’… We have to keep hearing these, have laws targeting us, can’t buy or sell land, suffer evictions. In different ways, from four directions, we are being suppressed… There is an attempt to create unrest among one-third of the population, which will cause unrest in the entire society,” he said.

Sarma argued that the Bill does not target Muslims. “I will say that in our Hindu community, too, polygamy is still prevailing, and it is our duty to stop that as well. This Bill doesn’t say anywhere that polygamy will be stopped only among Muslims. It will be stopped among Hindus. Muslims and also Christians,” he said.

Taking the debate further, Sarma claimed that he would introduce a Uniform Civil Code in the Assembly if he returns as Chief Minister after next year’s elections. He also listed matters that he wants to frame legislation on — increasing the minimum marriage age of women to 21, mandatory registration of all marriages, equal inheritance, ban on “nikah halala and mutah” (temporary weddings).

He said that the government would introduce a law on “deceptive marriage” in the next Assembly session.