The Assam Legislative Assembly passed a landmark legislation, the Assam Prohibition of Polygamy Bill, 2025, that prohibits polygamous marriages across the state. It makes entering into a second marriage while the first is valid a criminal offence. The law will come into effect once it receives the President’s assent.
According to the bill, polygamy is defined as marrying or being married to another person when either of the parties already has a living spouse whose previous marriage has not been legally dissolved or annulled. This means, under this law, if someone does not have a legally terminated first marriage, they cannot solemnise the second marriage.
Punishments under the Bill
The bill prescribes imprisonment of up to seven years and also a fine for anybody found guilty of entering into a second marriage while the first one is valid. If a person conceals the existing marriage while contracting a new one-for example, does not disclose the first spouse-the punishment can go up to ten years of imprisonment.
The repeat offenders would be punished with twice the prescribed punishment for each subsequent offence. The bill also penalizes those facilitating, or solemnizing such illegal marriage, including clerics, village heads, guardians, etc. Clerics who solemnize such marriages knowingly may face fines up to ₹1.5 lakh, while those concealing or delaying information to authorities may face imprisonment up to two years along with fines.
The law also proposes that persons convicted under it would not be eligible for public-funded or aided government employment, benefits under government schemes, and even contesting elections. A compensation scheme provides financial support along with social support by a competent authority to the women identified as victims under polygamous marriages.
Scope and Exemptions
While the proposed legislation is applicable throughout Assam, it also excludes some communities and areas from its ambit. This includes members of the Scheduled Tribes and areas under the constitutional Sixth Schedule-including autonomous tribal regions. The age-old, customary laws of tribals in respect of their marriage and other traditional practices will remain untouched.
The jurisdiction of the bill extends beyond residents marrying within Assam: it covers those ordinarily residing in Assam who may enter into polygamous marriages outside the state, as well as non-residents who own property in Assam or receive state-funded benefits or subsidies.
What is Polygamy?
It is a marriage in which one individual has multiple spouses at one time. The most common usage of the word refers to a man married to more than one wife, known as polygyny, but it also can be used to refer to a woman married to multiple husbands, which is called polyandry. Polygamy is often defined as plural marriages and could include arrangements with multiple partners of any gender.
Polygamy vs. Bigamy
Bigamy refers specially to the act of contracting a second marriage while the first continues legally in force and subsists. Under the new Assam law, if a second marriage is solemnised while the first marriage is valid, it is criminalised, thereby covering bigamy and polygamy under a single legal framework.
Impact on Muslims and Personal Laws
Historically, in India, civil laws such as the Hindu Marriage Act, 1955 enforce monogamy and penalise bigamy for Hindus, while followers of religions like Islam have been governed by personal laws that allow polygamy, typically up to four wives.
The Assam Prohibition of Polygamy Bill aims to take away the religious exemptions within its ambit by criminalising polygamous or second marriages, irrespective of religion. The proposed law applies to all communities other than exempted ones, such as Scheduled Tribes and areas under the Sixth Schedule. For Muslims whose personal law allows polygamy, this is a serious legal change in Assam.
Larger Significance
The bill may change the traditional practices, personal laws, and community norms related to marriage by criminalising polygamy and imposing severe punishments. Social protection is guaranteed to women through the compensation fund for women who are victims of polygamous marriage.
Exemptions for tribal communities reflect the balancing act between enforcing legal uniformity and respecting customary laws. Proponents argue that the law furthers gender justice and equality, while critics may bring up religious freedom and the impact upon personal law.
The Assam movement to ban polygamy is a significant step toward making monogamy the legal norm for most of the population, and sets the stage for debates about uniform civil norms, women’s rights, and social reform.
Sofia Babu Chacko is a journalist with over five years of experience covering Indian politics, crime, human rights, gender issues, and stories about marginalized communities. She believes that every voice matters, and journalism has a vital role to play in amplifying those voices. Sofia is committed to creating impact and shedding light on stories that truly matter. Beyond her work in the newsroom, she is also a music enthusiast who enjoys singing.
