Law to Ban Polygamy: Assam Government Seeks Public Views
The Assam government invites public feedback on a potential law to ban polygamy in the state.
Dispur, Assam: The Assam government has taken steps towards ending the practice of polygamy within its borders. Chief Minister Himanta Biswa Sarma announced on Monday that public opinions are being sought regarding a proposed law aimed at prohibiting polygamy in the state. The government has issued a public notice on various platforms, including ‘X’ (formerly known as Twitter), encouraging citizens to contribute their suggestions and thoughts on this matter.
Seeking Public Input on Polygamy Ban
The Assam government’s decision to seek public opinion on the proposed law to ban polygamy has raised eyebrows and stirred controversy. Chief Minister Sarma urged citizens to actively participate by providing their insights and suggestions on the matter. The Principal Secretary of the Home and Political Department issued a formal notice, inviting people to submit their opinions via email or traditional post before the deadline of August 30.
Expert Committee’s Role
The state government, recognizing the complexity of the issue, had established an expert committee. This committee was tasked with assessing the legislative competence of the state’s Assembly to enact a law banning polygamy. The committee’s report, which has now been made public, concludes that the state legislature indeed possesses the authority to implement such a law.
The Legal Framework
The report delves into the intricate legal aspects of the matter. It highlights that marriage falls under the Concurrent List, which grants both the central government and state governments the power to pass laws related to marriage. However, the report emphasizes that if a state law contradicts a central law, the former can be overruled unless it receives the prior assent of the President of India, as stipulated by the Doctrine of Repugnancy (Article 254).
Balancing Religious Freedom and Social Welfare
The report also addresses the intersection of religious freedom and societal welfare. While Articles 25 and 26 of the Constitution guarantee freedom of conscience and the right to practice religion, these rights are subject to public order, morality, health, and legislative provisions for social welfare and reform. The report cites judicial clarifications that religious practices must be integral and essential to the religion to receive constitutional protection.
Islamic Perspective and Social Welfare
The notice further highlights the stance of the courts regarding Islamic practices. The courts have asserted that having multiple wives is not an essential aspect of Islam. Therefore, legislation that limits the number of wives is seen as falling within the ambit of ‘social welfare and reform’ and doesn’t infringe upon the right to practice religion. This perspective strengthens the argument that laws favoring monogamy do not violate Article 25 of the Constitution.
Assam’s Legislative Competence
Given the legal principles and perspectives mentioned, the notice contends that the State of Assam is well within its legislative competence to enact a law that puts an end to the practice of polygamy. This assertion aligns with the expert committee’s conclusions and paves the way for potential legislative action.
Expert Committee’s Findings
On August 6, the expert committee submitted its report to Chief Minister Sarma. The report examined the legislative competence of the state legislature in relation to ending polygamy. The Chief Minister wasted no time in announcing that a legislation addressing this issue would be introduced within the current financial year. He also underscored that the committee was unanimous in its agreement that the state holds the authority to formulate its own laws against polygamy.
Recent Developments and Controversies
On the occasion of India’s 77th Independence Day, Chief Minister Sarma, during his official address, reaffirmed the government’s intent to introduce a “strict act” to terminate polygamy within Assam. However, this decision has not been without its critics. The formation of the expert committee and the government’s stance on banning polygamy have faced opposition from certain quarters. The timing of this move, especially amidst ongoing discussions about the Uniform Civil Code, has drawn criticism from various political and communal voices.
Expert Committee Composition and Scope
The expert committee, led by Justice (Retd) Rumi Kumari Phukan, comprised four members including Advocate General Devajit Saikia, Senior Additional Advocate General Nalin Kohli, and senior Advocate Nekibur Zaman. The committee was tasked with scrutinizing the provisions of the Muslim Personal Law (Shariat) Act, 1937, in conjunction with Article 25 of the Constitution and the Directive Principles of State Policy related to a Uniform Civil Code.
Government’s Stance on Uniform Civil Code
On July 13, Chief Minister Sarma expressed the government’s support for the Uniform Civil Code (UCC). This stance further solidified the administration’s commitment to ending polygamy within the state. However, this assertion was met with skepticism and critique, particularly considering the ongoing reception of suggestions related to the UCC by the Law Commission.
The Assam government’s decision to invite public opinions on the proposed polygamy ban law has ignited a contentious debate. As the state takes steps toward potential legislative action, the interplay between religious freedom, social welfare, and legal authority remains at the forefront. This move, backed by an expert committee’s findings, reflects a broader effort to address societal practices in the pursuit of a more uniform legal landscape. However, the decision has not been without its critics, raising questions about timing and motives in the complex context of ongoing legal and social discussions.
