Assam Will Enact Law To Ban Polygamy By End Of This Fiscal, Promises Himanta Biswa Sarma

Assam Chief Minister Himanta Biswa Sarma said that the state will enact a law to ban polygamy by the end of the current financial year. 

He said that an expert committee set up by his government to examine the competence of the state legislature to enact such a law has submitted its report. 

The committee, headed by Justice (retired) Rumi Kumari Phukan, comprised state advocate general Devajit Saikia, additional advocate general Nalin Kohli and senior advocate Nekibur Zaman. 

The committee submitted its report to the Chief Minister on Sunday (August 6).

“I have gone through the report and the unanimous views of all members of the expert committee is that enacting a law to ban polygamy is well within the competence of the state legislative assembly,” Sarma told Swarajya. 

However, the committee, which was constituted on 12 May, recommended that the proposed bill (to ban polygamy) be sent to the President for her final assent. Usually, bills passed by the state assembly are sent to the Governor for approval. 

The Chief Minister said that the bill may be framed and tabled in the next session of the state assembly from 16 September.

“The MLAs will have enough time to study the bill, confer with their constituents and come up with their responses. Adequate time will be given to discuss the bill on the floor of the assembly,” Sarma said. 

The Chief Minister also said that his government has held consultations with all sections of society. 

“Leaders and prominent religious figures of all communities were consulted. Representatives of various political parties were also consulted, apart from other stakeholders. I am happy to say that everyone welcomed the proposal to ban polygamy which is a social evil and needs to end,” the Chief Minister said. 

Declaring that Assam is set to create a benchmark by banning polygamy, Sarma said that the move will empower all women irrespective of caste, creed and faith. 

The expert committee, Sarma revealed, had also suggested that the proposed bill to ban polygamy should specify a minimum and common age for marriage for men and women of all communities. This is necessary because there is a lack of clarity now in rules governing the Protection of Children From Sexual Offences (POCSO) Act. 

Sarma also said that his government will strive to forge a broad consensus on the bill with the objective of harmonious societal transformation instead of aggressive measures. 

Acknowledging that a uniform civil code (UCC), which the Union government has on its agenda, will also ban polygamy, Sarma said that once the UCC comes into force, the state law will be merged with it. 

Polygamy is practised not only by Bengali-speaking Muslims (the indigenous Assamese-speaking Muslims of the state are socially advanced and shun this practice) of Assam, but also other sections like some tribals. 

While the Congress and other opposition parties have not reacted to the state’s proposed move, the All India United Democratic Front said that the government should abstain from interfering in the personal lives of people. The party, which represents Bengali-speaking Muslims, however agreed that polygamy should not be practised.