The Chief Minister of Assam, Himanta Biswa Sarma, announced that the state government is seeking public opinion on a proposed law to outlaw polygamy in Assam. The government released a public notice on social media platform ‘X’ (formerly Twitter), urging people to share their suggestions on the proposed law through email or by post before August 30.
The notice revealed that an expert committee was formed by the Assam government to assess the legislative competency of the state assembly to pass a law against polygamy. The committee’s report concluded that the state legislature has the authority to enact such a law, as marriage falls under the Concurrent List, allowing both the central government and state governments to pass legislation on the matter.
The report also stated that the freedom of conscience and the right to practice religion, as outlined in Articles 25 and 26 of the Constitution, are subject to public order, morality, health, and legislative provisions for social welfare and reform. The notice clarified that the courts have ruled that religious practices must be essential and integral to the religion to receive protection, and having multiple wives is not considered an essential part of Islam.
Therefore, legislation limiting the number of wives does not infringe upon the right to practice religion and is within the scope of social welfare and reform. Based on these principles, the notice asserted that the State of Assam has the legislative competency to pass a law against polygamy. On August 6, the expert committee submitted its report to the Chief Minister, who promptly announced that legislation on ending polygamy will be introduced during this financial year.
Sarma reiterated his intention to bring a strict act to end polygamy in Assam during his Independence Day address on August 15. The committee, led by Justice (Retd) Rumi Kumari Phukan, was established on May 12 and tasked with examining the legislative competency of the state legislature to pass a law against polygamy by scrutinizing the provisions of the Muslim Personal Law (Shariat) Act, 1937, and Article 25 of the Constitution in relation to the Directive Principles of State Policy for a Uniform Civil Code.
On July 13, the Assam government expressed support for the Uniform Civil Code (UCC) and requested an immediate ban on polygamy in the state. Opposition parties criticized the government’s decision to enact a law on polygamy, considering it a diversionary tactic and a communal move, particularly when suggestions on the UCC were being solicited by the Law Commission.
