{"id":282575,"date":"2024-02-14T19:00:44","date_gmt":"2024-02-14T13:30:44","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=282575"},"modified":"2024-02-19T16:43:42","modified_gmt":"2024-02-19T11:13:42","slug":"polygamy-in-india-explained-pointwise","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/polygamy-in-india-explained-pointwise\/","title":{"rendered":"Polygamy In India- Explained Pointwise"},"content":{"rendered":"

\"Polygamy<\/p>\n

The recently passed Uttarakhand Uniform Civil Code<\/span> (UCC<\/span>) has banned the practice of polygamy<\/span> in the State. The Assam government<\/span> has also made a move to ban the practice of polygamy<\/span> through ‘legislative action’, and has constituted an ‘expert committee’ to examine the issue. Polygamy has become a recurring topic in the ongoing discussions about the Uniform Civil Code (UCC) in India.<\/p>\n

\"Polygamy
Created By Forum IAS<\/figcaption><\/figure>\n\n\n\n\n
Table of Content<\/strong><\/td>\n<\/tr>\n
What is Polygamy? What are the Different types of Polygamy?<\/a>
\nWhat is the status of Polygamy in India?<\/a>
\nWhat is the legal status of Polygamy in India?<\/a>
\nWhat are the reasons for the practice of polygamy in India?<\/a>
\nWhat are the arguments against the practice of Polygamy in India?<\/a>
\nWhat are the judicial observations regarding polygamy?<\/a>
\nWhat should be the Way Forward?<\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/a>What is Polygamy? What are the Different types of Polygamy?<\/strong><\/span><\/h2>\n

Polygamy-<\/strong> Polygamy comes from two words- \u201cpoly<\/strong>\u201d which means \u201cmany<\/strong>\u201d and \u201cgamos<\/strong>\u201d which means \u201cmarriage<\/strong>\u201d. Polygamy is marriage in which a spouse of either sex may have more than one mate at the same time.<\/p>\n

Types of Polygamy-\u00a0<\/strong> The practice of Polygamy can take various forms which are explained below:<\/p>\n\n\n\n\n\n
Polygyny<\/strong><\/td>\nThis is a polygamous marriage, where a man is allowed to have multiple wives simultaneously<\/span>. This is the most common form of polygamy and is the recurring issue of debate in India.<\/td>\n<\/tr>\n
Polyandry<\/strong><\/td>\nThis is polygamous marriage, where a woman can have multiple husbands simultaneously<\/span>. This is a less common form in India.<\/td>\n<\/tr>\n
Group Marriage<\/strong><\/td>\nThis form involves multiple men and multiple women entering into a marriage arrangement together.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The prevalence of polygamy varies across different cultures and societies, and it often carries significant social and cultural implications.<\/p>\n

<\/a>What is the status of Polygamy in India?<\/strong><\/span><\/h2>\n

1.<\/strong> Religion wise percentage of Polygamy –<\/strong> According to the National Family Health Survey-5<\/span> (2019-20<\/span>), the prevalence of polygamy was 2.1% among Christians<\/span>, 1.9% among Muslims<\/span>, 1.3% among Hindus<\/span>, and 1.6% among other religious groups<\/span>.
\n<\/span><\/p>\n

2. Decrease in polygamous marriages-\u00a0<\/strong>A study by the International Institute of Population Sciences (IIPS) titled \u2018Polygyny in India: Levels and Differentials<\/span>\u2019 has analysed data from the NFHS-3 (2005-06), NFHS-4 (2015-16) and NFHS-5 (2019-21). It showed that polygynous marriages<\/span> (one man married to more than one woman at a time) have decreased from 1.9% in 2005-06<\/span> to 1.4% in 2019-21<\/span>, among the whole population.<\/p>\n

\"Polygamy
Source- Indian Express<\/figcaption><\/figure>\n

3. Highest incidence among the Scheduled Tribes-<\/strong> Compared to the national average of 1.4 per cent (NFHS-5), the rate of polygamy was 2.4 among STs<\/span>, 1.5 among SCs<\/span>, 1.3 among OBCs<\/span> and 1.2 among others<\/span>.<\/p>\n

4. High prevalence in North Eastern states District-<\/strong> 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.<\/p>\n

\"Polygamy
Source- The Print<\/figcaption><\/figure>\n

Is Polygamy Legal in India?<\/span><\/strong><\/span><\/h2>\n\n\n\n\n\n\n
Hindus<\/strong><\/td>\nThe Hindu Marriage Act 1955 has abolished<\/span> and criminalized Hindu polygamy<\/span>. There are provisions of punishment<\/span> for Hindu Polygamy under Section 17 of the Hindu Marriage Act 1955 and Sections 494 and 495 of the Indian Penal Code, 1860.<\/td>\n<\/tr>\n
Buddhists, Jains and Sikhs<\/strong><\/td>\nThe Hindu Marriage Act 1955 is applicable<\/span> to Buddhists<\/span>, Jains<\/span> and Sikhs,<\/span><\/span> and hence polygamy is prohibited in these three religious denominations as well.<\/td>\n<\/tr>\n
Parsis<\/strong><\/td>\nThe Parsi Marriage and Divorce Act, 1936<\/span> has outlawed bigamy<\/span> in Parsis.<\/td>\n<\/tr>\n
Muslims<\/strong><\/td>\nPolygamy is not prohibited<\/span> under the Muslim Personal Law Application Act (Shariat) of 1937<\/span>. Polygamy is recognised as a religious practice<\/span> under the Shariat Act 1937. Sections of IPC penalising polygamy are not applicable.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Special Marriage Act,1954<\/span> which is a religion neutral law governing marriages in India also bans the practice of polygamy.<\/p>\n

<\/a>What are the reasons for the practice of polygamy in India?<\/span><\/strong><\/h2>\n

1. Cultural and Religious Practice-<\/strong> Polygamy is considered a traditional or religious practice, in certain communities. For ex-<\/strong> Polygamy is recognised as a religious practice under the Shariat Law.<\/span><\/span><\/p>\n

2. Infertility or Health Issues- <\/strong>Polygamy is also practised when a spouse is unable to bear children due to infertility or health issues.<\/p>\n

3. Widow Remarriage and Social Security-<\/strong> In certain communities, Polygamy is practised to provide social security to young widows in the family. For ex-<\/strong> Practised in certain tribal communities<\/span><\/p>\n

4. Exercise of Personal Choice and Freedom- <\/strong>Polygamy is used to assert the right to choose one’s marital arrangement with the consent of all parties involved.<\/p>\n

<\/a>What are the arguments against the practice of Polygamy in India?<\/strong><\/span><\/h2>\n

1. Gender Inequality and Discrimination- <\/strong>Polygamy leads to unequal power dynamics within the family and leads to discrimina<\/span>tion and emotional distress of the wives. For ex-<\/strong> Women face domestic violence<\/span>, deprivation of inheritance or maintenance rights<\/span>. Also, the right to polygamy is often exploited by the males in the family, which highlights the deeply entrenched patriarchy in Indian society.<\/p>\n

2. Legal complexities-<\/strong> Polygamous marriages pose legal challenges related to inheritance, custody, and<\/span> property rights<\/span>, which increase legal disputes in the family and increase the burden on already over-burdened judiciary.<\/p>\n

3. Exacerbation of socio-economic disparities-<\/strong> The financial burden of supporting multiple wives and children leads to a strain on financial resources of the family<\/span>, which affects the socio-economic well-being of the family members. For ex-<\/strong> Neglect of education and healthcare of children and spouses<\/span>.<\/p>\n

4. Toll on the Emotional and Mental Well-being- <\/strong>Polygamous marriages lead to emotional distress for women as they often face mental health issues due to feelings of neglect<\/span>, jealousy and<\/span> competition<\/span>.<\/p>\n

5. Contributes to Social Evils-<\/strong> Polygamy often contributes to social evils like bride trafficking<\/span>, child marriages<\/span>.<\/p>\n

6. Criminalization versus personal law rights-<\/strong> Predominance of Muslim personal law over general law like IPC, has often stirred furious debates in the country.<\/span><\/p>\n

7. Lesser acceptance across the Globe-<\/strong> Globally, less than 3% of countries legally permit polygamous marriages<\/span>. India is one of the few countries outside of Africa and the Middle East where polygamy is legally sanctioned for certain communities.<\/span><\/p>\n

<\/a>What are the judicial observations regarding polygamy?<\/span><\/strong><\/h2>\n

1. Parayankandiyal v. K. Devi & Others (1996)-<\/strong> The Supreme Court (SC) concluded that monogamous relationships are the standard and ideology of Hindu society<\/span>.<\/p>\n

2. Javed & Others v. State of Haryana & Others (2003)-<\/strong> The SC held that Article 25 which guarantees religious freedom is subject to social harmony, dignity, and wellness. It is not compulsory for a Muslim to indulge in polygamy<\/span>.<\/p>\n

3. Sarla Mudgal Case (1994)-<\/strong> SC held that conversion to Muslim religion solely for the purpose of a second marriage is invalid.<\/p>\n

4. Lilly Thomas Bigamy Case (2000)-<\/strong> SC ruled that a marriage would be considered void if a man entered into a second marriage without first divorcing<\/span> his first wife, who is still alive.<\/p>\n

<\/a>What should be the Way Forward?<\/strong><\/span><\/h2>\n

1. Educating about the ills of Polygamy-<\/strong> The tribal and Muslim communities must be made aware about the ills of Polygamy like the socio-economic deprivation.<\/span><\/p>\n

2. Special legislation-<\/strong> Special legislation need to be brought<\/a> to curb the menace of polygamy, like the legislation to ban triple talaq<\/span>.<\/p>\n

3. Address the rights of Children in Polygamous marriages-<\/strong> Law commission report<\/span> of 1961 and 2009 has recommended to address the rights of children born from polygamous union.<\/p>\n

4. Enactment of Uniform Civil Code-<\/strong> Uniform civil code needs to be enacted at the earliest to bring uniformity in marriage, divorce and inheritance rights<\/span> among major religious communities, in consonance with constitutional values<\/span>.<\/p>\n\n\n\n
Read More-<\/strong> The Indian Express<\/a>
\nUPSC Syllabus-<\/strong> GS 2- Issues related to Fundamental rights and constitution<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

The recently passed Uttarakhand Uniform Civil Code (UCC) has banned the practice of polygamy in the State. The Assam government has also made a move to ban the practice of polygamy through ‘legislative action’, and has constituted an ‘expert committee’ to examine the issue. Polygamy has become a recurring topic in the ongoing discussions about… Continue reading Polygamy In India- Explained Pointwise<\/span><\/a><\/p>\n","protected":false},"author":10357,"featured_media":283432,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[130,1],"tags":[],"class_list":["post-282575","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-7-pm","category-uncategorized","entry"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/forumias.com\/blog\/wp-content\/uploads\/2024\/02\/download-2.png?fit=258%2C148&ssl=1","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/282575","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10357"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=282575"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/282575\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/283432"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=282575"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=282575"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=282575"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}