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Assam Assembly: New Bill Seeks Total Ban on Polygamy, Mandates Harsh Penalties

Assam tables historic bill to criminalise polygamous marriages statewide.

Assam Legislative Assembly witnessed a landmark moment when Chief Minister Himanta Biswa Sarma, who also holds the Home and Political portfolios, personally tabled the Assam Prohibition of Polygamy Bill, 2025. With the explicit permission of Speaker Biswajit Daimary, the Chief Minister introduced the legislation amidst high political drama, as opposition legislators from the Congress, CPI(M), and Raijor Dal staged a walkout minutes before the bill was presented, leaving the Treasury benches to proceed unopposed on this contentious issue.

The proposed law imposes stringent penalties, making polygamy a cognizable, non-bailable, and non-compoundable offence. A person found guilty of contracting a second or subsequent marriage while having a living spouse faces rigorous imprisonment of up to seven years for the first offence. If the subsequent marriage is contracted by deliberately concealing the existence of the prior marriage, the punishment rises to ten years of imprisonment along with a fine. For repeat offenders, the bill mandates double the punishment prescribed for each fresh violation, ensuring progressively harsher consequences.

The legislation carves out specific exemptions: it will not apply to Sixth Schedule areas of the state or to members of Scheduled Tribes as notified under Article 342 of the Constitution of India. Polygamy has been clearly defined under the bill as the act or condition in which a person marries another while already having a spouse from whom he or she is not legally divorced, or whose earlier marriage has not been legally annulled or declared void by a competent court. The stated objective is to completely prohibit and eliminate polygamous practices while providing relief and compensation to women who suffer immense emotional, social, and economic hardship due to such marriages.

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In a far-reaching measure, the bill strips convicted individuals of several civil rights permanently. Any person convicted under this Act will be disqualified from securing public employment or appointments in any institution funded or aided by the state government. They will also be rendered ineligible for benefits under government schemes and barred from contesting elections to Panchayati Raj Institutions, municipal bodies, or any other local self-government institutions. Facilitators of polygamous marriages—including village heads, qazis, parents, legal guardians, or anyone who knowingly solemnises such unions—face up to two years’ imprisonment and fines ranging from ₹1 lakh to ₹1.5 lakh.

The introduction of the bill signals the BJP-led Assam government’s continued push towards social reform and uniform application of personal laws in non-exempted areas. While the opposition’s walkout highlighted deep political divisions, the ruling dispensation appears determined to enact one of the strictest anti-polygamy regimes in the country, potentially setting a precedent for other states in the future.

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