GUWAHATI: Assam CM Himanta Biswa Sarma has sought the suggestions of the citizens regarding the proposed anti-polygamy law in the state. He had posted a statement regarding the same over his social media handles.
“The Government of Assam constituted an Expert Committee to study the legislative competence of the Assembly to enact a law banning polygamy in the state. The Expert Committee submitted its report to the Hon'ble Chief Minister recommending that the State Legislature is competent to enact a law to ban polygamy.” said the order.
He also mentioned that the Executive Summary of the Expert Committee's report is "The Indian Constitution grants the Union and the States the authority to enact legislation on certain subjects. "Marriage" falls under the Concurrent List, enabling both the Centre and the 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.”
Adding that Articles 25 and 26 of the Constitution provide freedom of conscience and the right to practice religion. However, these rights 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.
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." Therefore the laws favouring monogamy do not violate Article 25. Considering these principles, the State of Assam would have the legislative competence to enact a State legislature to end Polygamy"
The public has been invited to share their suggestions on the proposed law to ban polygamy in the State of Assam. The suggestions can be sent through email to ‘lawonpolygamy@assam.gov.in’ or submitted to Principal Secretary to the Government of Assam, Home & Political Department, Assam Secretariat, Dispur-781006 either through post or through email to ‘home.assam@gov.in’ by August 30, .2023.
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