(Picture supply :The Quint)
Assam chief minister Himanta Biswa Sarma , has revealed that the invoice which proposed a ban on polygamy had acquired overwhelming help from the general public. It had acquired 146 ideas in favour of the invoice and three towards the invoice . The entire ideas had been 149 .Earlier this 12 months, the Chief Minister of Assam has stated that the state will take “Legislative Motion” to outlaw polygamy and that an “Knowledgeable committee” might be established to analysis the matter.
Polygamy is a marital association the place a person has a number of spouses concurrently. It encompasses varied kinds, with polygyny being essentially the most prevalent, involving a person having a number of wives. Polyandry, though much less frequent, 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 frequent kinds. The acceptance and legality of polygamy range throughout cultures and international locations. Whereas some societies allow it, others outlaw it because of considerations about gender equality and potential exploitation. Monogamy, having just one partner at a time, is the prevailing marital norm in lots of components of the world at the moment
India Judicial Views Associated to Polygamy
The Indian judiciary has taken quite a few completely different views on polygamy over time. Usually, the courts have upheld the constitutionality of legal guidelines that outlaw polygamy, however they’ve additionally acknowledged that non secular freedom could permit for some exceptions.
Within the landmark case of State of Bombay v. Narasu Appa Mali (1951), the Bombay Excessive Courtroom upheld the constitutionality of the Bombay Prevention of Hindu Bigamous Marriages Act, 1946. The courtroom held that the Act didn’t violate the best to freedom of faith, because it didn’t discriminate towards any explicit faith. The courtroom additionally discovered that the Act was an inexpensive restriction on the best to freedom of faith, because it was mandatory to guard the pursuits of ladies and kids.
In a later case, Parayankandiyal v. Okay. Devi & Others (1996), the Supreme Courtroom of India reiterated the precept that legal guidelines that outlaw polygamy are constitutional. The courtroom additionally held that Hindu tradition doesn’t condone polygamy, and that it’s a follow that’s dangerous to ladies and kids.
Nevertheless, the Supreme Courtroom has additionally acknowledged that non secular freedom could permit for some exceptions to the rule towards polygamy. Within the case of Mohd. Ahmed Khan v. Shah Bano Begum (1985), the courtroom held that the Muslim Private Legislation (Shariat) Software Act, 1937, didn’t violate the best to equality of ladies, because it allowed Muslim males to practise polygamy. The courtroom discovered that the Act was an inexpensive restriction on the best to equality, because it was mandatory to guard the non secular freedom of Muslims.
The Indian judiciary’s strategy to polygamy is a fancy one, and it displays the stress between the best to freedom of faith and the necessity to defend the rights of ladies and kids. The courts have typically upheld the constitutionality of legal guidelines that outlaw polygamy, however they’ve additionally acknowledged that non secular freedom could 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 shaped an skilled committee. The Muslim Private Legislation (Shariat) Act, 1937 and Article 25 of the Indian Structure might 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 in the course of the marketing campaign towards baby marriage, it was found that many aged males had many spouses who had been usually 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 may go laws . It additionally believed that the non secular legal guidelines weren’t supreme and had been topic to vary in morality , customs ,erc.The courts have dominated that having a couple of spouse shouldn’t be a requirement for practising Islam.
Limiting the variety of spouses by means of 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 skilled committee’s examine, which was led by Rumi Kumari Phukan, a retired choose of the Gauhati Excessive Courtroom.The skilled 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 help as effectively.
(Picture supply : Occasions of India)