In a decisive move that is bound to stir a significant shift in the state’s legal framework, the Assam government is gearing up to table a bill that aims to put an end to the practice of polygamy. Chief Minister Himanta Biswa Sarma, during a press conference, unveiled the government’s intention to introduce this bill in the forthcoming budget session of the Assam assembly.
The Chief Minister informed that the draft bill is currently undergoing scrutiny by the Law Department. “We are lining up an act to ban polygamy in the state during the budget session of the assembly. It is with the Law Department for vetting,” he stated.
This legislative move comes at a time when Assam is also keenly observing the developments in Uttarakhand regarding the Uniform Civil Code (UCC). Sarma mentioned that his government will closely monitor the special four-day session of the Uttarakhand assembly, commencing on February 5, where the UCC legislation will be considered. “If the Uttarakhand UCC bill is laid on February 5, then we will see if we are in a position to implement the entire UCC (bill of Uttarakhand),” he added.
The budget session in Assam is scheduled to run from February 5 to February 28, with the budget for the next fiscal slated for presentation on February 12.
However, this initiative has not been without its detractors. Opposition parties have criticized the government’s decision to enact a law banning polygamy as a “diversionary” tactic with “communal” undertones, especially while suggestions on the UCC are being deliberated upon by the Law Commission.
In a statement back in July 2023, Chief Minister Sarma had expressed Assam’s support for the UCC and its intent to ban polygamy without delay. Following this, in May, he announced the formation of a four-member expert committee led by Justice (Retd) Rumi Kumari Phukan to examine the Muslim Personal Law (Shariat) Act, 1937, and its compatibility with Article 25 of the Constitution, in light of the Directive Principles of State Policy for a UCC.
Alongside Justice Phukan, the committee includes Advocate General Devajit Saikia, Senior Additional Advocate General Nalin Kohli, and senior advocate Nekibur Zaman. This committee submitted its report to the Chief Minister in August of the previous year, after which Sarma promptly declared that legislation on this matter would be introduced within the financial year.
The committee, having reached a consensus, concluded that the state has the authority to enact its laws to eradicate polygamy. Subsequently, the Assam government sought public feedback on this issue, initiating the legislative process.
The introduction of this bill is more than just a legal amendment; it is a statement on Assam’s commitment to progressive governance and gender equality. The move may also set a precedent for other states in India as discussions on the UCC continue to gain momentum.
As the Assam government forges ahead with this landmark legislation, it remains to be seen how it will navigate the complex interplay of personal laws, constitutional rights, and societal norms. What is clear, however, is that the state is poised to take a significant step towards reforming personal laws and upholding the principles of a unified legal system.
With the spotlight firmly on Assam’s legislative arena, all eyes will be on the budget session to witness the unfolding of a potentially transformative chapter in the state’s legal history.
