UPSC Syllabus- GS 2- Issues related to Fundamental rights and constitution
Introduction
Polygamy in India lies at the meeting point of personal laws, criminal law and new state-level reforms. The Assam Prohibition of Polygamy Bill, 2025, following Uttarakhand’s Uniform Civil Code, challenges earlier exemptions under Muslim and tribal laws. This new push to criminalise polygamy has revived debates on gender justice, equality and a future Uniform Civil Code.
What is polygamy?
Polygamy is the practice of being married to more than one person at the same time.
Types of polygamy
- Polygyny: A man is married to more than one woman at the same time. This is the most common form of polygamy globally.
- Polyandry: A woman is married to more than one man at the same time. This is much less common.
- Group marriage: Three or more adults are married to one another, and all adult members are responsible for the group’s children.
Status of Polygamy in India
- According to NFHS-5, polygamy is 2.1% among Christians, 1.9% among Muslims, 1.3% among Hindus and Buddhists, 0.5% among Sikhs and 2.5% among other religions or castes.
- Highest incidence among the Scheduled Tribes: Compared to the national average of 1.4 per cent (NFHS-5), the rate of polygamy was 2.4 among STs, 1.5 among SCs, 1.3 among OBCs and 1.2 among others.
- High prevalence in North Eastern states District: East Jaintia Hills (20%), Kra Daadi (16.4%), West Jaintia Hills (14.5%), and West Khasi Hills (10.9%) have particularly high rates of polygynous marriages.
- The 2011 Census records 28.65 crore married men and 29.3 crore married women, a difference of 65.71 lakh.
- Decrease in polygamous marriages:
- A study by the International Institute of Population Sciences (IIPS) titled ‘Polygyny in India: Levels and Differentials’ has analysed data from the NFHS-3 (2005-06), NFHS-4 (2015-16) and NFHS-5 (2019-21). It showed that polygynous marriages (one man married to more than one woman at a time) have decreased from 1.9% in 2005-06 to 1.4% in 2019-21, among the whole population.
- Among Buddhists, the rate dropped from 3.8% to 1.3%, sharpest decline of 65.79%.
- The incidence of polygyny in the total population fell by 26.31%.
Current Legal Status of Polygamy in India
The Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955 (for Hindus, Buddhists, Jains and Sikhs), Parsi Marriage and Divorce Act, 1936, Indian Christian Marriage Act, 1872 and Special Marriage Act, 1954 all treat a second marriage during the lifetime of a spouse as void, and Section 17 of the Hindu Marriage Act makes such bigamy an offence.
Under Section 82 of the Bharatiya Nyaya Sanhita / Section 494 IPC, marrying again while a spouse is alive attracts up to seven years’ imprisonment and fine
Muslim personal law
The Muslim Personal Law (Shariat) Application Act, 1937 permits a Muslim man to have up to four wives, so bigamy provisions are usually not used against such unions.
This asymmetry, where polygamy is a crime for some and a right for others, drives debates on Article 44 and a UCC.
State Bans Polygamy
Goa follows the Portuguese Civil Code, 1867, which requires civil registration and generally enforces monogamy, so a Muslim man cannot legally take a second wife.
- The Codes of Usages and Customs of Gentile Hindus of Goa still allow a Hindu man to remarry if his wife fails to conceive by 25 or bear a male child by 30.
The Uttarakhand Uniform Civil Code, 2024, bans bigamy for all residents and makes absence of a living spouse a basic condition for marriage.
The Assam Prohibition of Polygamy Bill, 2025
- It makes polygamy a cognisable and non-bailable offence.
- It provides for imprisonment of up to seven years with fine, which can increase to ten years if the earlier marriage is concealed from the new spouse.
- A person convicted under this law is barred from state-funded public employment.
Such a person is also disqualified from contesting elections in Assam, and
- This law does not apply to Scheduled Tribes or Sixth Schedule areas like the Bodoland Territorial Region and the hill districts.
Judiciary Views on Polygamy in India
Parayankandiyal v. K. Devi & Others (1996): The Supreme Court stated that monogamy is the norm and ideal of Hindu society, and a second marriage is socially rejected and condemned.
Kanwal Ram & Others v. Himachal Pradesh Administration (1965): The Supreme Court held that for a charge of bigamy, there must be strict proof that the second marriage was performed with valid ceremonies, and a live-in relationship does not count as marriage.
Sarla Mudgal v. Union of India (1995): The Supreme Court ruled that a person cannot convert to another religion only to enter into a second marriage, and such conversion to commit bigamy is unconstitutional.
Lily Thomas v. Union of India (2000): The Supreme Court reaffirmed Sarla Mudgal case ( 1994) and made it clear that conversion cannot be used as a device to validate a bigamous marriage.
Javed & Others v. State of Haryana & Others (2003)
The Supreme Court held that the right to freedom of religion under Article 25 is subject to public order, morality, health and social reform, and that polygamy is not an essential religious practice that must be protected.
Supreme Court judgment on polygamy and Islam (2015): The Court held that polygamy is not an integral part of Islam and that Article 25 protects religious faith, not practices that go against public order, health or morality, so the state can reform such practices.
Shayara Bano v. Union of India (2017): The Supreme Court stressed that personal laws must respect gender justice and fundamental rights, reinforcing that practices such as polygamy can be tested on the touchstone of equality and dignity.
Major Concerns Related to Polygamy in India
- Constitutional equality and different personal laws: Polygamy is banned for some communities but allowed for others under personal and customary laws. This uneven system raises concerns about equality before law(Article 14) and non-discrimination (Article 15) because citizens do not enjoy the same marital rights and obligations across religions and regions.
- Gender inequality and and violation of dignity
- Polygamy often affects women’s dignity, emotional security and mental health. It can create neglect, unfair treatment and humiliation for wives.
- This goes against Article 21, which protects the right to live with dignity and personal autonomy, and makes polygamy a serious concern for women’s rights, not just personal law.
- Economic dependence and vulnerability of women: Many women in polygamous unions are financially dependent on their husbands and in-laws. Around 60% of victims rely on the husband’s family for livelihood, which makes it difficult for them to challenge polygamy, leave abusive situations or approach the legal system.
- Weak enforcement and low conviction rates: Even where bigamy is a crime, implementation is weak. Conviction rates under bigamy provisions remain below 10%, because cases are under-reported, social stigma is high and it is hard to prove a valid second marriage with proper evidence in court.
- Challenges in tribal and Sixth Schedule areas: Polygamy is more common in some tribal communities and Sixth Schedule areas, which have special protections and autonomy. State laws like those in Assam and Uttarakhand often exclude these regions, leaving many tribal women with less legal protection against polygamy.
Way forward
- Educating about the ills of Polygamy- The tribal and Muslim communities must be made aware about the ills of Polygamy like the socio-economic deprivation.
- Special legislation- Special legislation need to be brought to curb the menace of polygamy, like the legislation to ban triple talaq.
- Address the rights of Children in Polygamous marriages- Law commission report of 1961 and 2009 has recommended to address the rights of children born from polygamous union.
- Enactment of Uniform Civil Code- Uniform civil code needs to be enacted at the earliest to bring uniformity in marriage, divorce and inheritance rights among major religious communities, in consonance with constitutional values.
- Gradual uniformity: Law Commission Report No. 279 (2018) recommended phased UCC-related reforms with wide consultation. Step-by-step changes in personal laws can align them with constitutional morality, equality and dignity while limiting social resistance.
- Victim support:
Reform must be backed by victim-support mechanisms, including financial, psychological and legal aid.
Schemes such as the NCW’s One Stop Centre Scheme can help women exit polygamous unions. A state registry of marital status and second marriages, on the lines of Indonesia’s ID-linked marriage registration, can improve monitoring.
Stronger family courts, legal aid centres, women’s commissions and fast-track special courts can give quicker relief.
Conclusion
Overall, the regulation of polygamy in India now shows a clear move from different personal laws toward more uniform and gender-just rules. Declining prevalence, stricter state bans and strong judicial scrutiny show this shift, but real change needs better enforcement, victim support, good data and sensitive dialogue with religious and tribal communities.
Question for practice:
Examine how polygamy is currently regulated in India and the key concerns arising from this framework.
Source: Indian Express
