• The Assam government has taken a major step toward banning the practice of polygamy across the state. The bill introduced in the Assembly aims to declare polygamy a punishable offence, define clear penal provisions, and provide legal protection to affected women.
• This initiative is part of the state’s broader campaign to reform personal laws and strengthen women’s rights.

Scope and Applicability of the Bill

• The proposed law will be applicable across Assam, but certain areas are excluded from its purview—
  • The bill will not apply to regions falling under the Sixth Schedule.
  • The provisions will also not apply to Scheduled Tribes (STs) listed under Article 342.

• This law focuses on communities where the state has the authority to regulate civil and family matters.

Under the Sixth Schedule

• The provisions cover the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
• In these areas, Autonomous District Councils (ADCs) are established, which enjoy legislative, judicial, and administrative autonomy.
• This Schedule provides special safeguards under Articles 244(2) and 275(1) to protect the culture, traditions, and land of these regions.
• Assam: Autonomous districts such as Dima Hasao, Karbi Anglong, and the Bodoland Territorial Region.
• Meghalaya: Autonomous districts including Khasi Hills, Jaintia Hills, and Garo Hills.
• Tripura: Tripura Tribal Areas Autonomous District Council.
• Mizoram: Chakma, Mara, Lai, and other autonomous districts.  

Key Penal Provisions

• According to the proposed bill, polygamy will be treated as a punishable criminal offence.
• For the first offence, the punishment may extend up to 7 years of imprisonment.
• If a person hides an existing marriage and enters into another, the punishment may increase to 10 years, along with a monetary penalty.

Definition of Polygamy

The bill includes a clear definition of polygamy to avoid any kind of legal ambiguity.

• As per the proposed bill, polygamy refers to any marriage in which—
  • The person’s first marriage has not been legally terminated (through divorce/annulment/invalidation), and
  • The person enters into a second or subsequent marriage.

In other words, any new marriage conducted without the legal dissolution of the first marriage will be considered ‘polygamy’ and will be a punishable offence.

• This definition further includes that—
  • Regardless of whether the marriage is conducted through religious customs, rituals, or any social process,
  • if the first marriage is legally valid and another marriage is contracted, it will fall under the category of polygamy.

Punishment for Repeat Offences and for Facilitators

• For repeated offences, the punishment will be doubled for each subsequent violation.
• Additionally, the bill also fixes accountability on facilitators—
• Village heads, qazis, parents, or guardians who assist in concealing facts may face up to 2 years of imprisonment or a monetary penalty.
• Individuals involved in solemnising such marriages will also face punishment.

Restrictions on Employment and Electoral Eligibility

• A person convicted under this law will face various administrative and civic restrictions—
  • They will not be eligible for employment in posts funded or aided by the state government.
  • They will be barred from availing benefits under state welfare schemes.
  • Convicted individuals may also be declared ineligible to contest elections for Panchayati Raj Institutions and Urban Local Bodies.