Assam Government on fast track to enact law banning polygamy in state

Only three of 149 suggestions oppose proposed Act

STAFF REPORTER

GUWAHATI: The State Government is on a fast track to enact the proposed law banning polygamy based on the report submitted by the expert committee. The government is in a mood to prepare the draft of that Act (Bill) in 45 days.

The expert committee filed its report on August 6, 2023, and the process for seeking opinions from the public is also over. In a significant development, Chief Minister Himanta Biswa Sarma wrote on X (formerly known as Twitter): "We have received a total of 149 suggestions in response to our public notice. Out of these, 146 suggestions are in favour of the bill, indicating strong public support. However, three organisations have expressed their opposition to the bill. We will now proceed to the next stage of the process, which is to complete the final drafting of the bill in the next 45 days".

A few days ago, the Chief Minister was on record saying that "if the UCC (Uniform Civil Court) does not become a reality, we will enact the proposed law banning polygamy within this financial year".

The autumn session of the State Assembly will start on September 11. Since the Chief Minister wrote on X that the government would prepare the draft of the bill in 45 days, the government will not introduce the bill in this session of the State Assembly. Thus, the possibility of introducing the bill is either in the Winter Session or the Budget Session. The winter session is likely in December 2023 and the budget session in February 2024.

The State Government constituted an expert committee with Justice (retd) Rumi Kumari Phukan as the chairperson, Advocate General Debajit Saikia, Senior Additional Advocate General Nalin Kohli, and senior advocate of Gauhati High Court Nekibur Zaman as members to study the legislative competence of the State Assembly to enact a law banning polygamy in the state.

The expert committee said in its report that the state legislature is competent enough to enact a law to ban polygamy. Meanwhile, the state government has made public the executive summary of the expert committee's report to give stakeholders a clear picture of the issue. The executive summary of the expert committee's report says, "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 state legislation contradicts central legislation, the state law will be overridden unless it receives the prior assent of the President of India.

"Articles 25 and 26 of the Constitution provide freedom of conscience and the right to practise 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 practise religion and is within the scope of 'social welfare and reform'. Hence, 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 expert committee also said that only the President of India can give her assent to such an Act, not the State Governor.

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