Research topic- Impact of polygamy on Indian women and children.

Are there any

requirements of laws to be framed for the purpose of eradicating polygamy.

Research Hypothesis

Research methodology

ABSTRACT

Introduction

Marriage is of huge importance in any society. It fulfills the purpose of reproduction to carry
forward the generations and, at the same time, becomes a social institution. Every individual has
the right to marry and to choose whom to marry, which has been laid down in the Constitution as
a part of our Fundamental Rights. Yet, marriages to this date take place at the cost of such rights
of the people. The major testimony to this fact is that the State has the power to regulate
marriages for the reason that it is a subject of legitimate state interest, which is certainly
questionable. The personal laws of marriage for different religions also vary from each other,
leading to different stances on multiple marriages or polygamy.

In recent times, several judgments clearly stated that there should be no concept of multiple
marriages by the same male. While it was fine for almost all people belonging to all religions
other than Islam, the people practicing Islam were protesting against it because it was previously
permissible under their personal laws.

What is polygamy

Polygamy is derived from two words: “polys,” which means “many,” and “gamos,” which means
“marriage.” As a result, polygamy refers to several marriages. It comes from the Greek word
“polgamos,” which means “often marrying.”

Polygamy is defined as “the act or custom of maintaining more than one spouse at the same
time” by the Oxford Dictionary.

The Merriam-Webster Dictionary defines “Polygamy is a marriage in which one or both spouses
have multiple partners at the same time“.Hence, polygamy can be described as a concept of
marriage in which an individual is wedded to multiple spouses during the very same period.
Polygamy refers to a practice or a social tradition/custom in which a person, whether a male or a
female, has more than one spouse, i.e., they have indulged in multiple marriages. The practice of
polygamy has been prevalent all over the world for many years, but now it has been criminalized
in most countries as well under various religions. This is so because, over the years, people
realized that polygamy was highly unfair to the multiple spouses who were married to a single
individual. As a result, almost all countries started preferring monogamy over bigamy and
declared polygamy to be an illegal activity. It is certainly violative of the basic human dignity of
any individual. There is always a possibility that polygamy results from forced marriages or
child marriages and could further even result in the exploitation or torture of married women.

The stance on polygamy is also very different for different religions. While in the case of
Hinduism, polygamy is completely held to be illegal, in the case of Islam, Muslims are permitted
under the law to have polygamous relations, but just for the male. In other words, Muslim males
are allowed to have multiple wives at the same time, but there should not be more than four.
Further, even among the Hindus in Goa, bigamy, i.e., one individual having two spouses at the
same time, is prohibited.

The mention of polygamy has been found in almost all religious texts of different religions. In
Hinduism, there has been a mention of polygamy in the Mahabharata, Ramayana, and Bhagavad
Gita. The Holy Quran also mentions the legality of polygamy, under which a Muslim man can
have a maximum of four wives. In Christianity, polygamy has now become illegal. In recent
years, the legality of practicing polygamy under Islam has become a topic of debate and has even
spurred violence. Therefore, there’s a need to delve deeper into the various aspects of polygamy.

Different types of Polygamy

Polygamy is divided into three types, notably polygyny, polyandry, and group marriage.

Polygyny

It is the matrimonial structure in which a male individual has numerous wives. Polygamy in this
aspect is the most widespread. Monarchs and emperors in the Indus Valley Civilisation were
believed to have several wives. This approach was also imitated by others with significant levels
of power and influence. Marriage typically came with additional riches, territory, and titles, so it
was a way for them to consolidate and enforce their influence. It was also regarded as a prestige
symbol, as only a wealthy man could manage to have multiple wives.
Polyandry

It is a type of marriage in which a woman has several husbands. Nevertheless, this is an

extremely uncommon occurrence. Polyandry is not at all like polygyny in terms of legal
standing. A man’s marriage to numerous women is extremely common, but a female’s marriage
to multiple men is frowned upon. As a result, the sexes are asymmetrical.

Group marriage

Group marriage is a system in which the male and female of a community regard themselves as
wedded to one another. Polygyny and polyandry are both terms that can be used to describe it. A
group marriage must include all 10 essential kinship links, as per Lewis Henry Morgan: spouse,
co-wife, husband, co-husband, parents, daughter, sons, brother, and sister.

Historical aspect of the concept of polygamy

Perhaps in Indian history, there are countless cases of rulers and monarchs who practised
polygamy and also had multiple wives. Such polygamy examples can also be found in religious
writings and traditions.

India is a diverse country. As a result, matrimony rules have never been simplified. Each
denomination seems to have its system of regulations, rituals, and practices. However, when it
came to polygamy, they unanimously agreed that monogamy was the ideal system of marriages,
but that polygamy may be used in certain instances.

There was a moment in the Indus Valley Civilisation when polygamy was not prohibited.
Aristocrats including monarchs were known to engage in this activity. Vedas, scriptural texts, and
manusmriti ruled Hindu marriage regulations during the Vedic era.

Historical aspect of polygamy under Manusmriti

A Hindu man was thought to be allowed to remarry during his wife’s lifespan, albeit such
marriages, whenever performed without reasonable grounds, are greatly discouraged. Manu has
rationalised his wife’s supersession and multiple marriages during her lifespan by citing
barrenness, ill health, violent attitude, and misbehaviour on her part. Mitakshara as well as
Subodhini both justify and defend the supersession of the very first wife.

“A lady who consumes any bogus beverages, acts unethically, shows animosity toward her
divine, is susceptible of ailment, is destructive, and spends his possessions may at any moment
be succeeded by some other wife,” he continues. A childless wife may be supplanted in the
eighth year, a woman who bears stillbirths children or whose offspring all die as newborns in the
tenth, a woman who bears exclusively girls in the eleventh, and a woman who behaves
insensitively in the twelfth.”

Manu has also remarked that the very first spouse is married out of a spirit of commitment,
whereas the others are wedded for sexual reasons.

Historical aspect of polygamy under Muslims

As monarchs came and went, so did the sanctity of marriage. With the arrival of the Muslims,
new rules concerning Muslim weddings were enacted. Marriage was seen as the foundation of
civilisation, and the Marriage ceremony was a contract. The prestige of a married woman was
higher. In the Holy Quran, Chapter 1V, Verse 3 says about polygamy:

“And if you are afraid you would not be fair while interacting with orphans, marry as many
women as you like, two, three, or even four; and if you are afraid you would not be just, marry
just one or whatever your dominant arm has.” That is the most direct path to avoiding
wrongdoing for you.”

These statements demonstrate that in Islam, the notion of polygamy has its foundation in
empathy and generosity.

Polygamy in Christianity

New Testament

Under the New Testament, it was stated that the church leaders should only practice monogamy
and should not have multiple wives. Apart from that, Paul, the Apostle had clearly indicated that
widows should be allowed to remarry even the already married men as this would provide them
with a means of sustenance. The women older than 60 years should only be considered as
widows and the younger widows should be remarried to curb all their sins.
Reformation period

The period of reformation refers to the period in the 16th century which marked the beginning of
Protestantism. Catholicism was being highly criticized, especially the authority of the papal
authorities for the abuse of their powers. This eventually led to the split between the Roman
Catholic Church and Protestantism. During this period, there was strong opposition to polygamy.
Many thinkers clearly stated that Christians should not have more than one wife, not only
because it’s a hoax that God has stated those words but also because it would be highly unfair to
the women unless they are suffering from leprosy or have been widowed. Monogamy had
become a norm among Christians, and only in such situations where the woman was actually
facing trouble and marriage could improve her existing condition, could polygamy be allowed.

Historical aspect of Polygamy under Indian rulers

The Rajputs were known for their unconstrained polygamy, which allowed them to have several
spouses. Polygamy was seen as a way for them to produce male offspring and consolidate
control. Rao Maldeo is claimed to have had 16 brides, whereas Marwar’s King Udai Singh had
27 spouses. Raval Bapa is claimed to have married 140 women. This may be an overestimate,
but it demonstrates how upper echelon Rajputs may have a limitless number of women.
Polygamy was practised freely by Kulins, Brahmins, monarchs, wealthy landowners, and other
rich and privileged people. The poorer classes, on the other hand, practised monogamy.
Polygamy was an extravagance beyond the reach of the poor, as Altekar, a renowned historian
and archeaologist, reminds out.

The colonial rule of Britishers in India brought about a shift in Indian culture and matrimonial
practices. Polygamy was outlawed under Section 494 of the Indian Penal Code of 1860, among
several other progressive changes. Post freedom, the Hindu Marriage Act of 1955 outlawed the
practice of polygamy among Hindus. Muslims, on the other hand, may have up to four wives.

Polygamy under various religions

In most religions, polygamy has been banned and should not be practiced under the Personal
Laws of Hindus, Christians, or even Sikhs. However, in Islam, it is still allowed for males to
marry four wives to the maximum.

Under Hindu Laws

Polygamy was completely abolished under the Hindu Marriage Act, 1955 as soon as it was
introduced. From thereon, only monogamy was to be practiced among the Hindus, and even
bigamy, which is a form of polygamy, was abolished at that point. There are several provisions
under the Hindu Marriage Act and the Indian Penal Code which abolish polygamy, which are as
follows:

a) Section 11 of the Hindu Marriage Act, 1955 explicitly states that bigamous marriages are null
and void, i.e., they don’t hold any value under the Indian Laws.

b) Section 17 of the Hindu Marriage Act, 1955 states that if any individual indulged in polygamy
after the introduction of this Act, they could be punished under sections 494 and 495 of the
Indian Penal Code, 1860.

c) Section 494 of the Indian Penal Code, 1860 states that any individual indulging in Bigamy
would be liable to pay a certain amount of fine and could also be imprisoned for a period that
may extend to seven years.

d) In continuation of this section, Section 495 of the Indian Penal Code, 1860, when the person
has concealed the fact of their first marriage with the spouse whom they have subsequently
married, they could be imprisoned for a period extending up to ten years.

All the provisions under the Hindu Marriage Act, 1955 would also be applicable to the Jain,
Buddhists, and Sikhs, and hence they could also be punished under these legal provisions if they
commit any such offense. Yet it has several loopholes which are taken advantage of by the
people to protect themselves from the clutches of the law.

Modern period in Christianity

Again in the modern period, polygamy was considered to be a grave offense against marriage
and didn’t reflect the true intention of the Holy Bible or the Almighty. Yet in certain parts of
Africa, Catholic Christians indulge in polygamy and marry multiple wives. In India, the
Christian Marriage Act, 1872, applies to regulate the matters of marriage among Christians in
different parts of the country. However, it doesn’t apply to Christians in Manipur and Cochin.
Rather, their personal laws or own statutory provisions applicable in their particular region are to
be followed.

Modern Period in Islam

In the modern period, Indian Muslims are required to follow the legal provisions stated under the
Muslim Personal Law Application Act, 1937 which doesn’t prohibit polygamy in any form.
Hence, under Islam, polygamy is still practiced and protected. If it is found to be violative of the
Constitutional provisions, polygamy could certainly be abolished even when it is allowed under
Personal Law.

Parsi

ð Parsi:

The Parsi Marriage and Divorce Act, 1936, had also outlawed bigamy and polygamy.

Any Parsi, who has been married during his or her life, is subject to the penalties provided for
by the India Penal Code for an offence to return to marriage during the lifetime of a Parsi or
not, without being legally divorced by a wife or husband or having his or her previous
marriage declared invalid or dissolved.

Under Parsi Law

Under the Parsi Law the practice of Polygamy is prohibited. According to Section 5 of the Parsi
Marriage and Divorce Act 1936[7], any Parsi who marries a second time while their first spouse
is still alive without getting a legal divorce will have their marriage deemed null and void or
dissolved. It will be liable to punishment outlined in the Section 494 and 495 of the Indian Penal
Code.

Current Scenario

Prevalence of polygynous marriages as reported by women In India, polygynous marriage

decreased from 1.9% to 1.4% from 2005-06 to 2019-21 (Table 1). In 2005-06, the prevalence of
polygynous marriages was high in Arunachal Pradesh (6.9%) and Sikkim (5.6%). In 2019-21,
the highest prevalence of polygynous marriages was found in Meghalaya (6.1%) and Mizoram
(4.1%). With the exception of nine states (Chandigarh, Delhi, Punjab, Rajasthan, Jharkhand,
Meghalaya, Tripura, Maharashtra, and Puducherry) the rate of polygyny decreased in almost
every state from 2015-16 to 2019-21. Furthermore, districts with higher prevalence of polygyny
were found in states of Meghalaya, Arunachal Pradesh and Odisha (Table 2). Among the
districts, the prevalence was high in East Jantia Hills (20%), Kra Daadi (16.4%), West Jaintia
Hills (14.5%), and West Khasi Hills (10.9%). Figure 2 depicts that in five districts, more than
10% marriages were polygynous marriages and in another 16 districts, 5%-7% of marriages were
polygynous

Polygynous marriages by religion Religion was one of the most important factors in polygyny.
The latest data (NFHS-V) shows that polygynous marriage was the higher among Muslims
(1.9%), followed by others (1.6%) and the least among Hindus (1.3%). Polygyny among Hindus
was more prevalent in Telangana, Odisha, and Tamil Nadu, and less prevalent in Jammu and
Kashmir, Haryana, and Punjab according to NFHS-V (Table 3). Similarly, polygynous marriage
among Muslims was high in Odisha, Assam, and West Bengal and low in Jammu and Kashmir,
Maharashtra and Haryana. In communities other than Hindu and Muslim, polygynous marriages
were more prevalent in Odisha and Telangana as per NFHS-V. Table 3: Religious differe

Polygynous marriages by background characteristics Among the caste groups, polygynous

marriage was found to be most prevalent among the Scheduled Tribes compared to other groups
and it declined over time in all the caste groups. Polygynous marriage was found to be highest
among Scheduled tribe women and declined over time (3.1% as per NFHS-III compared to 2.4%
in NFHS-V) followed by Scheduled caste women, 2.2% in NFHS-III compared to 1.5% in
NFHS-V (Table 4). The practice of polygyny was more common among Buddhists (3.8%) and
Muslims (2.6%) as per NFHS-III; while in NFHS-V, it was higher among other religions (2.5%),
followed by Christians (2.1%) and Muslims (1.9%). Further, polygyny was more prevalent in
rural areas than in urban areas. Women from North-Eastern and Southern States were more likely
to report polygyny. In NFHS-III, 3.3% and 3% of the currently married women in North-East
and South India, respectively, reported being in polygynous marriages. As per NFHS-V, 2.6% of
the women in the North-east and 2% in South India reported the same. Further, polygynous
marriage was more prevalent among women who had no formal education than among those
who had higher educational qualifications. Polygyny was most prevalent among the poorest
women and women who had no formal education. Furthermore, polygynous marriages were
higher among older women aged 35 years and above in all rounds of NFHS.

Impact on Indian Women:

1. Unequal treatment and emotional distress: In a polygamous marriage, women may experience
feelings of jealousy, low self-esteem, and emotional distress due to unequal treatment from their
husband. It can create a sense of competition and insecurity among co-wives, leading to strained
relationships and emotional turmoil.

2. Lack of financial independence: Polygamy can exacerbate economic vulnerability for women,
particularly if they do not have access to adequate financial resources or employment
opportunities. It may result in financial dependence on their husband, limiting their agency and
autonomy.
3. Increased burden of responsibilities: In polygamous households, the responsibilities of taking
care of children, household chores, and managing domestic affairs often fall disproportionately
on women, especially on the first wife. This can lead to physical and mental exhaustion,
affecting their overall well-being.

Impact on Children:

1. Emotional and psychological implications: Children growing up in polygamous households

may experience confusion, emotional turmoil, and a sense of insecurity due to complex family
dynamics. The presence of multiple parental figures and potential favoritism can impact their
emotional and psychological development.

2. Financial and resource constraints: Polygamy can lead to a larger number of children in a
family, often resulting in limited financial resources and inadequate educational opportunities.
This may restrict their future prospects and perpetuate cycles of poverty.

3. Complex family relationships: The presence of half-siblings, step-siblings, and co-parenting

arrangements can contribute to complicated family relationships for children. These complexities
may affect their sense of belonging, identity formation, and stability.

Socio-Cultural Implications:

1. Cultural acceptance and social stigmatization: Polygamy is often deeply rooted in certain
Indian cultures and religious beliefs. While the practice may be accepted within specific
communities, women involved in polygamous marriages can face societal judgment and
stigmatization, leading to isolation and marginalization.

2. Traditional gender roles and power dynamics: Polygamy often perpetuates traditional gender
roles, where women are expected to be submissive and fulfill domestic responsibilities. This
reinforces power imbalances within the marital relationship, hindering gender equality and
individual agency.

3. Influence on social structures: The prevalence of polygamy can impact social structures by
forming complex family networks and hierarchies. Such dynamics can affect inheritance rights,
property distribution, and the overall social cohesion within the community.

Psychological Implications:
1. Emotional well-being and mental health: Polygamy introduces emotional stress, insecurity,
and feelings of competition among co-wives. Women may experience anxiety, depression, and a
lower sense of self-worth due to the emotional challenges associated with sharing a husband.

2. Emotional impact on children: Children growing up in polygamous households often witness

and absorb the emotional turmoil experienced by their mothers. This exposure can lead to
developmental difficulties, behavioral issues, and a sense of identity confusion, affecting their
psychological well-being.

3. Impact on marital satisfaction: Polygamy can strain marital relationships due to jealousy,
competition, and unequal treatment among co-wives. This can ultimately diminish marital
satisfaction for both men and women involved, leading to higher rates of marital conflicts and
dissatisfaction.

Legal Considerations:

1. Legal recognition and protection: There is a need for stricter legal provisions that explicitly
recognize monogamy as the preferred form of marriage, ensuring the equal rights and protections
of women in polygamous marriages. This includes ensuring women's rights to property,
inheritance, and divorce settlements.

2. Child custody and support: Legal frameworks should address the complexities of child
custody and support in polygamous households, safeguarding the best interests of the children
involved and ensuring their well-being.

3. Punitive measures: Enforcement of laws and regulations that explicitly penalize illegal and
non-consensual polygamy can act as a deterrent and promote gender equality within marriage.

Social Interventions:

1. Educational initiatives: Educational programs targeting both men and women should focus on
promoting gender equality, raising awareness about the consequences of polygamy, and
informing individuals of their legal rights within monogamous marriages.

2. Support services: Establishing support networks, counseling services, and helplines

specifically dedicated to women and children in polygamous marriages can provide them with
the necessary resources and guidance to navigate the challenges they face.
3. Community engagement and dialogue: Engaging religious leaders, community members, and
activists in open discussions can help challenge social norms, address misconceptions, and
promote alternative perspectives on marriage and family structures.

IMPACT OF POLYGAMY ON INDIAN SOCIETY AND CONSTITUTIONAL

STANDPOINT.

The India is secular state which considers no religion superior or inferior to one another
and sees every religion with an equal eye and respects all its holy books and makes rules
adhering to the same. However, there are certain laws which are being argued upon for
their constitutionality by the different religions, hereby, Muslim and Hindu and here in
subject to the laws pertaining to ‘polygamy’. They argue upon the fundamental rights
given by the Constitution under Article 13, 14 and 15 we’ll discuss how polygamy impacts
the Indian society.

Article 13 of the Constitution clearly and specifically declares that the laws inconsistent
with the part III of the Constitution shall be void. The Apex Court in the case of R.C.
Cooper v. Union of India[2], held that the theory that the object and form of state action
determine the magnitude of protection which the oppressed party may claim, was not
rational with the constitutional scheme which aims at giving the individual the completest
rights protection of his basic rights.

Article 14 declares, the state shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.The Supreme court in various
cases such as National Council for Teacher Education v Shri Shyam Siksha Parikshan
Sanstha [3] has ingeminate the principle of “Right to Equality” as sanctified in our Indian
Constitution.In this it was constituted that the law making bodies were barred from
making class legislation but they were permitted to make the laws pertaining to ‘reasonable
classification’, the ones those are based upon the ‘intelligible differentia’.
Article 15(1) of the Constitution forbids the state from discriminating against any citizen
based only on religion, race, caste, sex, or place of birth. The researcher scholars and some
learned persons argue that allowing polygamy in one religion and penalizing others is
unfair and this discrimination must be amended by the legislature. This point is cut off by
the name of social reforms and religious beliefs of the particular religion.

When you see something burning always you try to find out where the smoke is coming
from without hesitating. Polygamy seems harmless to society but most social problems
today are as a result of this kind of arrangement as a perspective of a reasonable pure
human being. Asserting the men who run these communities have completely free rein and
the stamp of approval will only deepen the social problems polygamy causes which are very
deceptive in nature. And the victims will become more helpless than they already are as
moral reasonability brutally discourage it as a whole. It affects society because there are
always semantic disagreements amongst the wives creating a nasty environment for the
children hence unhealthy moral code of conduct to raise a family. Domestic Violence is one
of the most attached to Polygamous families because of the verbal disagreements that are
involved due to its kind of immoral set up.
Polygamy affects the society because it is considered as a supreme medium in the spread of
HIV AIDS. Since a man cannot satisfy all his wives both sexually and financially they get
slang which is merely barbaric problem of the polygamy system. Polygamy results in
property struggles arise when their Husband dies. The women might use immoral means to
grab as much as possible of the property in order of preview to existence. In polygamy,
there are limited resources and in contrast many people are involved in a core social
institution i.e. family. In any sort of family set up unity is always as a riveting factor but
there is no unity in a Polygamous family set up because of rivalry prevailing amongst the
wives trying to fight for attention and affection from their one husband. Polygamy is
associated with felony acts such as sexual abuse hence it affects society badly. As cleansing
remarks, this marriage setup called polygamy not only effects the husband and wife, but
also prolongs problems into the lives of children who are the products of such marriage.
This problematic issue results into trauma in children which affects their studies and the
social approach to life and contribute to this global village.

PANORAMIC DENOUEMENT

Religion is given the top most priority in our country and the Indian Constitution also
shields them whenever required. In contrast judiciary plays a vital role in transforming the
Constitution by focusing on the Constitutional morality which we have seen in some latest
landmark judgements, whereby the amendments are done in the constitution for the
modernized society with the changing trends. The practice of polygamy in Islamic law is
legal and in other religions its prohibited all these is discussed above and its impact on the
Indian society is also discussed in brief. The constitutional validity of polygamy is also
proved but the laws are always subject to change for the betterment of society and this
practice may also change or get struck down for the welfare of the people and other
reasons.

Henceforth, just because polygamy has been long time practice since time immemorial
among the Islam religion and the same has been amended being the subject to the personal
laws, the Hindu religion practitioners cannot challenge the laws that prosecute Monogamy
among the Hindus. As a wise man Martin Luther King says that Laws cannot change the
heart of the people but it can restrain the heartless people and thereupon, the laws
imposing monogamy are made to consolidate the society and not to truncate their
fundamental rights.

Judicial perspective concerning polygamy

Case laws relating to polygamy in India

There have been several speculations by the different judges in the various courts of India
regarding whether polygamy should be kept legalized in India or not. Apart from this, certain
important information relating to polygamy has also been mentioned in the various case laws
over the different years.

Parayankandiyal v. K. Devi & Others (1996)

After considering many resources on Hindu law, the Honourable Supreme Court concluded in
this case that monogamous relationships were the standard and ideology of Hindu society, which
scorned and condemned a second marriage. Polygamy was not allowed to become a part of
Hindu culture due to the influence of religion. The Court also noted that some persons take
advantage of even the tiniest of legal privileges and that at this point, the government should step
in to discipline such behaviour.

State of Bombay v. Narasu Appa Mali (1951)

In this case, the Bombay High Court ruled that the Bombay (Prevention of Hindu Bigamy
Marriage) Act, 1946 was not discriminative. The Supreme Court ruled that a state legislature has
the authority to enact measures for public welfare and reforms, even if it violates the Hindu
religion or custom. The Court ruled it was up to the Legislature to decide whether or not
Mohammedans should be excluded from the purview of the challenged Act. It is not necessary to
implement a reform in a single stage. The State Legislature can take a few measures toward
progressive change and prosperity.
Javed & Others v. State of Haryana & Others (2003)

The issue, in this case, was whether a disputed provision of the Haryana Act prohibiting anyone
with more than two kids from competing or occupying a government position violated Article
25. The Honourable Supreme Court decided that under Article 25 freedom is subjected to social
harmony, dignity, and wellness. Muslim law allows for the marriage of four women, but it is not
compulsory. This will not be violating religious practice to not marry four women. For the sake
of good order and discipline, decency, or security, such conduct of having several wives can be
controlled or forbidden by laws.

Shayara Bano v. Union of India (2017)

This is one of the landmark Supreme Court judgements passed in 2017. In this case, it was
clearly stated by the Court that the practice of Triple Talaq was unconstitutional and violated the
basic fundamental rights of Muslim women. This further laid the floor open for the interpretation
of polygamy as being highly arbitrary and unconstitutional. It was stated that polygamy was also
clearly violative of Article 21 of the Constitution as the right of women to live with dignity was
violated. The fact that a Muslim man is allowed to marry as many wives as he wants is egregious
and unfair in nature. This case could act as the foundation to remove polygamy and, more
specifically, polygyny, in the future.

Requirements of Laws to Eradicate Polygamy:

1. Legal recognition and protection of monogamous marriages: Enactment and enforcement of

laws that uphold the principle of monogamy can discourage polygamous marriages. Legal
measures should focus on promoting gender equality, ensuring women's rights, and safeguarding
the well-being of children.

2. Awareness campaigns and education: Government initiatives must prioritize awareness

campaigns to educate the public about the negative consequences of polygamy. By providing
information about legal rights, alternatives to polygamy, and promoting gender equality, society
can be empowered to reject this practice.

3. Social and economic empowerment: Providing educational and employment opportunities to

women, particularly those in vulnerable situations, can empower them to make independent
choices and reduce their dependence on polygamous marriages.
4. Family courts and support systems: Establishing family courts and support systems that
specialize in resolving disputes arising from polygamous marriages can ensure fair and timely
resolutions while safeguarding the interests of women and children involved.

5. Collaborative efforts: Eradicating polygamy requires a multidimensional approach involving

government bodies, non-governmental organizations, religious leaders, and community
stakeholders working together to address the issue holistically.

Recent Development By Indian govt

Current Developments

In 2000, the United Nations Human Rights Committee reported that polygamy violates the
International Covenant on Civil and Political Rights (ICCPR), citing concerns that the lack
of equality of treatment concerning the right to marry meant that polygamy, restricted to
polygyny in practice, violates the dignity of women and should be outlawed.[26]
Specifically, the reports to UN Committees have noted violations of the ICCPR due to these
inequalities[27] and reports to the General Assembly of the UN have recommended it be
outlawed.

In a case of 2015 [28], the Supreme Court of India stated that the Muslims like every other
community in India have the right to follow their religion but in terms of equality and as
per the constitution of India, those rights don't allow them to have multiple wives.

Many would see this as an injustice to the Muslims but I don't think it is. I believe that
banning polygamy in India is the best justice for women in India. It is nowhere relevant to
any particular religion but it's a question of morality. As a man couldn't bear his wife being
with another man, similarly it is not easy for a woman to share her husband with another
woman either.

The judgment came from Supreme Court Justices T.S. Thakur and A.K. Goel that said:
What was protected under Article 25 (right to practice and propagate any religion) was the
religious faith and not a practice which may run counter to public order, health or
morality. Polygamy was not an integral part of religion and monogamy was a reform
within the power of the State under Article 25.

Although the judgment was ruled against a Muslim opposing the tradition where they are
allowed to have multiple wives, the Justices also ruled that for public order, equality and
justice in India, it was essential to regulate marriage issues within the country especially
those dealing with polygamy practices.

The ruling came against a Government employee who was fired for misconduct after it was
found that he had a second marriage despite being already married. The judgment was
supported by the fact that no religion is bigger than Indian laws and polygamy isn't an
important practice in any religion in India.

As per the India Times report,[29] Khursheed Ahmad Khan, the accused who was fired
from his government job, was employed as an irrigation supervisor. The details of his
second marriage came out in the open when the sister of his first wife filed a complaint with
India's National Human Rights Commission.

The judgment further added:

As regards the charge of misconduct in question, it is patent that there is no material on

record to show that the appellant divorced his first wife before the second marriage or he
informed the Government about contracting the second marriage. In the absence thereof,
the second marriage is misconduct under the Conduct Rules.[30]

This is the first time that Indian law has ruled out against an unnecessary or immoral
practice that is shielded through religion by certain authorities irrespective of the fact that
polygamy has no connection with any religion in India. Polygamy is an injustice to women
and must be banned completely in India. Also, the law must be the primary religion for
every Indian citizen beyond any other religion they practice.

The view expressed by the Law Commission in its unanimous 227th report (2009)
presented to the government that traditional understanding of Muslim law on polygamy is
gravely faulty and conflicts with true Islamic law in letter and spirit,[31] said that since
polygamy is allowed in the Muslim personal laws so it could be not be banned but needs to
be critically reviewed.

Assam Govt

The Assam government has sought public opinion on a proposed law to end polygamy in the
State, Chief Minister Himanta Biswa Sarma said on August 21.

Sharing a government public notice on 'X' (formerly Twitter), Mr. Sarma appealed to the people
to send their suggestions on the proposed law to ban polygamy in Assam.

The notice published by the Principal Secretary of the Home and Political Department requested
the people to send their opinion by August 30 through email or by post.

It mentioned that the Assam government had formed an expert committee to study the legislative
competence of the Assembly to enact a law banning polygamy, and the report stated that the state
legislature is competent to enact a law to ban the marital practice.

Sharing the executive summary of the report, the public notice stated that marriage falls under
the Concurrent List, enabling both the Centre and states to pass laws on it.

"The Doctrine of Repugnancy (Article 254) stipulates that if a state legislation contradicts a
central legislation, the state law will be overridden unless it received the prior assent of the
President of India," it added.
Quoting the report, the notice mentioned that freedom of conscience and the right to practice
religion under Article 25 and 26 of the Constitution are "not absolute and are subject to public
order, morality, health and legislative provisions for social welfare and reform".

The courts have clarified that religious practices must be essential and integral to the religion to
receive protection, it added.

"With respect to Islam, the courts have held that having more than one wife is not an essential
part of the religion. Legislation limiting the number of wives does not interfere with the right to
practice religion and is within the scope of 'social welfare and reform'. Hence, laws favouring
monogamy do not violate Article 25," said the notice, which referred to the expert committee's
report.

"Considering these principles, the State of Assam would have the legislative competence to enact
a state legislature to end polygamy," it added.

On August 6, the expert committee formed by the Assam government to examine the legislative
competence of the state legislature to enact a law to end polygamy had submitted its report to the
Chief Minister, who immediately announced that a legislation on the subject will be introduced
within this financial year.

He had also claimed the committee unanimously agreed that the state can frame its own laws to
end polygamy.

Hoisting the National Flag on the occasion of 77th Independence Day on August 15, Mr. Sarma
in his official address said that a "strict act" will be brought soon to end polygamy in Assam.

On May 12, Mr. Sarma had announced the formation of the four-member expert committee
headed by Justice (Retd) Rumi Kumari Phukan.

Besides Ms. Phukan, the other members of the committee are the State's Advocate General
Devajit Saikia, Senior Additional Advocate General Nalin Kohli and senior Advocate Nekibur
Zaman.
It was tasked to scrutinise the provisions of the Muslim Personal Law (Shariat) Act, 1937 along
with Article 25 of the Constitution in relation to the Directive Principles of State Policy for a
Uniform Civil Code.

On July 13, Mr. Sarma had said the Assam government conveyed to the authorities concerned
that it was in support of the Uniform Civil Code (UCC) and wanted to ban polygamy
immediately in the State.

The Opposition parties had earlier slammed the decision of the government to enact a law on
polygamy as diversionary and communal, especially at a time when suggestions on the UCC are
being received by the Law Commission.

Conclusion and Viewpoint

Polygamy has been abolished in many countries, but some still persist with it. There is a need to
spread awareness among all countries about the ill effects of polygamy and develop a uniform
codified law abolishing polygamy all over the world. International legal instruments only have
soft power and are persuasive in nature. These should be made more stringent and even, in
certain situations, binding in order to bring an end to polygamy, especially polygyny. However,
an initiative needs to be taken by all countries to take collective action towards the global
abolition of polygamy.

Polygamy, in almost all aspects, is highly oppressive in nature, primarily towards women. This is
so because while polyandry and group marriages are extremely rare, polygyny is still very
abundant. Under the blanket of personal laws, it has caused huge injustice to Muslim women,
especially in India. Even in other religions, there are certain loopholes in the codified laws as a
result of which people still indulge in the practice of polygamy. For example, in Christianity,
polygamy can be practiced under certain exceptional situations. When a woman, for example,
has been widowed, she could marry a person who is already married and has a wife. The focus
should be on educating or training her so that she can become self-reliant to sustain herself. In
that situation, she won’t need to remarry just to sustain herself. This would also prevent her from
any exploitation she might be subjected to in a polygamous marriage and also make her
self-sufficient.

Under Hindu law, only those marriages in which all the rituals have been performed would be
included in polygamy if carried out after the first marriage. Hindus, even while having two
wives, escape their liability by stating that in the subsequent marriage they failed to perform
some rituals, thereby declaring it to be an unlawful marriage. Hence, there is a need to make the
laws more stringent so that people can’t escape their liability in a situation where they are in a
polygamous arrangement.

Polygamy has existed for a long time in Indian society, and even though there are laws outlawing
it, it is still practiced in some areas. Polygamy was considered taboo by Hindu Law even in
earlier civilisations and was only authorised in restricted conditions. Muslim law, on the other
end, enables a man to have four wives, although it is not a requirement for a Muslim man to do
so. Polygamy became a prestige statement and it was not prevalent among the poorer layers of
society, according to investigations.

Polygamy is now illegal in India, but a Muslim man is permitted to have multiple wives,
specifically four in number. This is not at all a religious duty or religious conduct, as the court
system has often acknowledged. In the notion of social transformation, the legislature has the
authority to outlaw it. Governments, on the other hand, have failed to consider the situation of
women, particularly those who embrace Islam and have also hesitated to prohibit similar
practices for Muslim men.

Traditions are created in response to the current circumstances of the period in question, and
therefore should be abandoned as they become obsolete. Even though the rules relating to
polygamy are constitutionally acceptable, they should be altered because the fundamental
doctrinal arguments offered can no longer be justified in the context of the present world
scenario.

In all religious denominations, present personal laws are mostly founded on the topmost
patriarchal views of society. Therefore, a Uniform Civil Code is typically requested by
disgruntled women as an alternative to established personal laws, as conservative orthodox
individuals continue to believe that reforming personal laws will jeopardise their sacredness and
reject them vehemently. The code will make the complicated regulations of civil marriages,
inherited wealth, testamentary, and adoptions easier to understand and apply to everyone. All
individuals, regardless of their religion, will be subject to the same civil law.

Instead of differentiating regulations based on religious beliefs, a secular republic requires a

common law that applies to all citizens. It will address prejudice against disadvantaged
individuals and unify the country’s diverse culture.