Guwahati: Assam Assembly Thursday passed a bill to ban polygamy, making it an offence which may lead to a maximum of 10 years of imprisonment, barring some exceptions.
Terming the development a step closer to the Uniform Civil Code, Chief Minister Himanta Biswa Sarma said the UCC will be implemented in Assam if he becomes the CM again after the Assembly polls next year.
The bill, which will be sent to the President for her assent, kept people belonging to the Scheduled Tribe (ST) category and areas under the Sixth Schedule out of the purview of the legislation.
During the passage of the Assam Prohibition of Polygamy Bill, 2025, the CM who also holds the portfolio of the Home and Political departments, said the law is “irrespective of religion and not against Islam as being perceived by a section”.
“The Hindus are not free from polygamy. That’s also our responsibility. This bill will cover people from Hindu, Muslim, Christian and all other societies,” he added.
Sarma said women empowerment is his government’s declared agenda irrespective of caste and religion.
“However, I am making my government slightly gender biased. For 75 years, male MLAs made laws benefitting men. Now, we are giving justice to all, but with a little bias to our mothers and sisters,” he added.
Sarma called the anti-polygamy bill as a tribute to the “exploited and tortured” women of Assam.
Despite the CM’s request to the opposition to withdraw their amendments to send a message that the bill is passed unanimously to empower women, AIUDF and CPI(M) went ahead with their modification suggestions, which were defeated by voice vote.
CPI(M) MLA Manoranjan Talukdar demanded that the bill be sent to the Select Committee for a detailed discussion on the clauses.
“Without any exception, all communities should be brought under this law… Police have been given more power, which can be misused,” he added.
Reacting to this, Sarma said if the bill is sent to the Select Committee, it will be a defeat to all representatives and suggested bringing in amendments later.
“If this law is passed unanimously, you will get a chance to become true Muslims,” he told AIUDF members.
Sarma said, “I assure the House that if I return as CM, the UCC bill will be tabled in the first session of the new government and will be implemented.”
He said that the ban on polygamy is a direction towards the implementation of the UCC.
“The Supreme Court has also commented that time has come to adopt UCC. Our target is to ban polygamy and child marriage — both are done now. If I get strength, next I will increase women’s marriage age to 21 years from 18 years,” Sarma said.
Cruelty, adultery and ‘nikah halala’ (temporary marriage) will be banned, while equal inheritance will be enforced gradually as part of rolling out the UCC, he added.
The CM also said, “A bill against deceptive marriage will be brought in during the session by February end. So, whatever we have spoken about love jihad, we will do that.”
The Assam Prohibition of Polygamy Bill, 2025 proposed that any person going for polygamous marriage will be held guilty of an offence punishable with imprisonment up to seven years and fine, as laid down by law.
Anyone who commits a subsequent marriage while hiding an existing one shall face 10 years of jail and fine. A repeat offender under the proposed act will be handed down double the prescribed punishment for every subsequent offence.
A village head, quazi, parent or legal guardian who conceals facts or intentionally participates in a polygamous marriage may face up to two years in jail and a fine up to Rs one lakh. Any person who knowingly solemnises a marriage in violation of the proposed law may be punished with up to two years of imprisonment or a fine up to Rs 1.50 lakh.
The bill proposes that a person who enters into a polygamous marriage and has been convicted by under this law shall not get government jobs, cannot be a beneficiary of government schemes, and also cannot contest panchayat or Urban Local Body polls.
The proposed legislation seeks to provide compensation to the victim women.
On exclusion of tribals and Sixth Schedule areas, Sarma said, “Autonomy must be given to tribal areas. We must understand bodies like the Bodoland Territorial Council. I hope Sixth Schedule bodies of Bodos, Karbis and Dimasas, who have legislative powers, will pass similar laws in their councils.”
He also said that tribal societies have many customary laws and those should be respected.
On objection from AIUDF about contradiction to Muslim Personal Law (Shariat) Act, 1937, the CM said, “Due to Shariat law, the BNS provisions against polygamy cannot be enforced.”
He said that in May 2023, the government had formed of a four-member expert committee headed by Justice (Retd) Rumi Kumari Phukan to scrutinise the provisions of the Muslim Personal Law along with Article 25 of the Constitution in relation to the Directive Principles of State Policy for UCC.
“I am thankful to the Muslim society that everyone opposed polygamy. Only two applications were received which favoured conditional polygamy. In Islamic society, monogamy is law, polygamy is an exception. That is why many Islamic countries have also banned it,” Sarma said.
AIUDF MLA Aminul Islam said the polygamy bill violates several provisions of the Constitution and infringes upon personal choices of Muslims.
Independent MLA Akhil Gogoi alleged that Sarma brought in this law for communal polarisation ahead of the state polls next year.
PTI
