(Picture supply :The Quint)
Assam chief minister Himanta Biswa Sarma , has revealed that the invoice which proposed a ban on polygamy had acquired overwhelming assist from the general public. It had acquired 146 options in favour of the invoice and three in opposition to the invoice . The overall options had been 149 .Earlier this yr, the Chief Minister of Assam has mentioned that the state will take “Legislative Motion” to outlaw polygamy and that an “Knowledgeable committee” shall be established to analysis the matter.
Polygamy is a marital association the place a person has a number of spouses concurrently. It encompasses numerous types, with polygyny being probably the most prevalent, involving a person having a number of wives. Polyandry, though much less widespread, reverses the roles, with a lady having a number of husbands.
Group marriages, the place a number of people marry each other, and serial polygamy, involving a number of marriages sequentially, are much less widespread types. The acceptance and legality of polygamy range throughout cultures and nations. Whereas some societies allow it, others outlaw it because of issues about gender equality and potential exploitation. Monogamy, having just one partner at a time, is the prevailing marital norm in lots of elements of the world in the present day
India Judicial Views Associated to Polygamy
The Indian judiciary has taken various totally different views on polygamy over time. Basically, the courts have upheld the constitutionality of legal guidelines that outlaw polygamy, however they’ve additionally acknowledged that spiritual freedom might permit for some exceptions.
Within the landmark case of State of Bombay v. Narasu Appa Mali (1951), the Bombay Excessive Court docket upheld the constitutionality of the Bombay Prevention of Hindu Bigamous Marriages Act, 1946. The court docket held that the Act didn’t violate the appropriate to freedom of faith, because it didn’t discriminate in opposition to any explicit faith. The court docket additionally discovered that the Act was an affordable restriction on the appropriate to freedom of faith, because it was crucial to guard the pursuits of girls and youngsters.
In a later case, Parayankandiyal v. Okay. Devi & Others (1996), the Supreme Court docket of India reiterated the precept that legal guidelines that outlaw polygamy are constitutional. The court docket additionally held that Hindu tradition doesn’t condone polygamy, and that it’s a follow that’s dangerous to girls and youngsters.
Nonetheless, the Supreme Court docket has additionally acknowledged that spiritual freedom might permit for some exceptions to the rule in opposition to polygamy. Within the case of Mohd. Ahmed Khan v. Shah Bano Begum (1985), the court docket held that the Muslim Private Legislation (Shariat) Software Act, 1937, didn’t violate the appropriate to equality of girls, because it allowed Muslim males to practise polygamy. The court docket discovered that the Act was an affordable restriction on the appropriate to equality, because it was crucial to guard the spiritual freedom of Muslims.
The Indian judiciary’s method to polygamy is a fancy one, and it displays the stress between the appropriate to freedom of faith and the necessity to shield the rights of girls and youngsters. The courts have typically upheld the constitutionality of legal guidelines that outlaw polygamy, however they’ve additionally acknowledged that spiritual freedom might permit for some exceptions.Lately, there was rising strain to ban polygamy in all religions in India
Knowledgeable committee on Polygamy
In Could 2023,to find out whether or not the State Authorities had the jurisdiction to outlaw polygamy within the space, the Assam Authorities fashioned an knowledgeable committee. The Muslim Private Legislation (Shariat) Act, 1937 and Article 25 of the Indian Structure shall be examined by the committee in connection to the guiding idea of state coverage for a uniform civil code.
To make an informed conclusion, the committee will undertake prolonged talks with all events concerned, together with authorized professionals.The state’s chief minister famous that throughout the marketing campaign in opposition to little one marriage, it was found that many aged males had many spouses who had been typically younger ladies from the underprivileged a part of society.
Committee findings on Polygamy
On August 6 ,the committee believed that marriage was a concurrent topic . Each the state and Centre might move laws . It additionally believed that the spiritual legal guidelines weren’t supreme and had been topic to vary in morality , customs ,erc.The courts have dominated that having multiple spouse is just not a requirement for practising Islam.
Limiting the variety of spouses by laws falls inside the heading of “social welfare and reform” and doesn’t intervene with the liberty to practise one’s religion. Due to this fact, rules encouraging monogamy don’t contravene Article 25.
This was in accordance to the discover, which cited the findings of the knowledgeable committee’s research, which was led by Rumi Kumari Phukan, a retired decide of the Gauhati Excessive Court docket.The knowledgeable panel concluded that the “State of Assam would have the legislative competence to enact a state legislature to finish polygamy” primarily based on these standards . The invoice has big public assist as properly.
(Picture supply : Occasions of India)