Assam names panel for exploring possibility of state law against polygamy

The Assam government has named a retired Gauhati high court judge-led committee to explore the possibility of a state law to ban polygamy.

In a tweet, chief minister Himanta Biswa Sarma on Thursday announced the formation of the four-member panel. “Following my announcement [on Tuesday] to form an expert committee to examine the legislative competence of state legislature to enact a law to end polygamy, the state government has constituted the committee today.”

Justice Rumi Phookan (retired) will be the chairperson of the panel, which will include advocate general Debajit Saikia, additional advocate general Nalin Kohli, and advocate Nekibur Zaman.

Sarma said he expects to have a law banning polygamy in Assam before 2024. “The committee has been given a deadline of 60 days to submit its report.”

He said the panel will examine the provisions of the Muslim Personal Law (Shariat) Act, 1937, read with Constitution’s Article 25 (religious freedom). “The committee will engage in extensive discussions with all stakeholders, including legal experts, to arrive at a well-informed decision.”

Gauhati high court lawyer Hafiz Rashid Choudhary said personal laws relating to marriages and inheritance are a central subject and the states cannot amend or abolish them.

Sarma has insisted the plan to ban polygamy was not aimed at targeting any specific community. Opposition parties have alleged the new move may be used to target minority populations like the earlier drive against child marriages.

The Gauhati high court questioned the applicability of the strict Protection of Children from Sexual Offences Act in cases lodged during the drive while cautioning the state’s use of power can play “havoc with the personal lives” of people.

Polygamy has been a vexing question since Independence. It has been entangled in religious beliefs and personal laws as well as women’s rights and secular jurisprudence.

The Supreme Court last year said it will form a constitution bench to hear petitions against polygamy.

Women’s groups have demanded legal protections for women married to polygamous men. They have pointed out that coercive and harsh implementation of the law can end up hurting many of the victims.

Polygamy cuts across communities. Census data shows that the number of married women is greater than married men in all religious groups. The International Institute of Population Studies’ analysis of the National Family Health Survey showed that polygamy was prevalent among Hindus as well as Muslims and other groups with possibly a stronger correlation to class and education status than faith.