New Delhi ~ The Assam Assembly on 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.
It kept people belonging to the Scheduled Tribe (ST) category and areas under the Sixth Schedule out of the purview of the legislation.
Chief Minister Himanta Biswa Sarma said the Uniform Civil Code (UCC) will be implemented in Assam if he becomes the CM again after the assembly polls next year.
During the passage of the Assam Prohibition of Polygamy Bill, 2025, the chief minister, 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.
While the Hindu Marriage Act of 1955 made polygamy illegal and a criminal offence for Hindus, Muslims in India are still legally permitted to practise it.
Despite the CM’s request to all opposition members to withdraw their respective amendments to send a message from the House 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 of the Assembly for a detailed discussion on the clauses.
On the issue of UCC, Sarma said it will be implemented in Assam if he becomes the CM again after the assembly polls next year.
Assembly elections in Assam are likely to take place in March-April in 2026.
“I assure the House that if I return as CM, the UCC bill will be tabled on the first session of the new government and will be implemented,” Sarma said.
He said that the ban on polygamy is a direction towards the implementation of the UCC.
The CM also said, “A bill against deceptive marriage will be brought in during the session by the end of February. So, whatever we have spoken about love jihad, we will do that.”
The term ‘love jihad’ is used by right-wing organisations to claim that Muslim men lure women of other religions and marry them in order to convert them to Islam.
Earlier this month, he had said that the government would ban love jihad and introduce a bill against this.
The bill defined ‘polygamy’ as the act of marrying or being married to another person when either of the parties already has a subsisting marriage or a living spouse from whom he/she is not legally divorced, or their marriage is not legally annulled or declared void.
It proposed that any person going for polygamous marriage will be held guilty of an offence punishable with imprisonment up to seven years and a fine, as laid down by law.
Anyone who commits a subsequent marriage while hiding an existing one shall face 10 years of jail and a fine, it added.
A repeat offender under the proposed act will be handed down double the prescribed punishment for every subsequent offence, the bill proposed.
A village head, qazi, parent or legal guardian who dishonestly conceals facts or intentionally participates in the conduct of a polygamous marriage may face up to two years in jail and a fine of 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 of up to Rs 1.50 lakh.
The bill further proposes that a person who enters into a polygamous marriage and has been convicted by a court under this new legislation shall not be entitled to any public employment or appointment which is funded or aided by the state government.
Moreover, the person cannot be a beneficiary of any scheme funded or aided by the state government, and also cannot contest in any election for Panchayati Raj Institutions, Urban Local Bodies, etc.
The proposed legislation seeks to provide compensation to the victim women, as they have to suffer immense pain and hardships due to polygamous marriage.
Islam upholds monogamy, not polygamy: Himanta
Earlier, taking part in the discussion in the Assam Assembly, the Chief Minister asserted that “In Islam, monogamy is the rule and polygamy is the exception.”
Citing interpretations of the Quran, Sarma said that the widespread belief that Islam inherently promotes polygamy is “factually incorrect”.
Speaking during the discussion on the Assam Prohibition of Polygamy Bill, Sarma referred to historical accounts from the time of Prophet Muhammad. He said that during the Prophet’s spiritual period, some men reportedly entered into as many as 50 marriages. The Prophet then regulated the practice and limited it to four wives under strict conditions.
According to the Chief Minister, this historical shift demonstrates that the Prophet’s intent was to curb excesses, not encourage multiple marriages.
“His line of thinking was not in favour of polygamy. In his time, he reduced it from 50 to four. That itself shows the direction,” Sarma said.
He further claimed that under Islamic law, a man cannot take a second wife without the explicit consent of the first. “If someone marries without that consent, the marriage is not legally valid in Islam,” he told the House.
Sarma added that several Muslim-majority nations have restricted or banned polygamy because the strict conditions laid down by the Prophet are not followed in today’s society. “Nobody follows the Prophet’s diktat 100 per cent, and people end up misusing the law,” he said.
