{"id":351139,"date":"2025-12-02T21:58:23","date_gmt":"2025-12-02T16:28:23","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=351139"},"modified":"2025-12-08T19:44:10","modified_gmt":"2025-12-08T14:14:10","slug":"how-polygamy-is-regulated-in-india-from-personal-laws-to-state-bans","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/how-polygamy-is-regulated-in-india-from-personal-laws-to-state-bans\/","title":{"rendered":"How polygamy is regulated in India, from personal laws to state bans"},"content":{"rendered":"

UPSC Syllabus-<\/strong> GS 2- Issues related to Fundamental rights and constitution<\/p>\n

Introduction <\/strong><\/h2>\n

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\u2019s 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. How polygamy is regulated in India, from personal laws to state bans.<\/strong><\/p>\n

\"How<\/p>\n

What is polygamy?<\/strong><\/h2>\n

Polygamy is the practice of being married to more than one person at the same time.<\/p>\n

Types of polygamy<\/strong><\/p>\n

    \n
  • Polygyny:<\/strong> A man is married to more than one woman at the same time. This is the most common form of polygamy globally.<\/li>\n
  • Polyandry:<\/strong> A woman is married to more than one man at the same time. This is much less common.<\/li>\n
  • Group marriage:<\/strong> Three or more adults are married to one another, and all adult members are responsible for the group’s children.<\/li>\n<\/ul>\n

    Status of Polygamy in India<\/strong><\/h2>\n
      \n
    • According to NFHS-5<\/strong>, 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<\/strong>.<\/li>\n
    • 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.<\/strong><\/li>\n
    • 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.<\/li>\n
    • The 2011 Census<\/strong> records 28.65 crore married men and 29.3 crore married women<\/strong>, a difference of 65.71 lakh<\/strong>.<\/li>\n
    • Decrease in polygamous marriages:<\/strong><\/li>\n
    • A study by the International Institute of Population Sciences (IIPS) titled \u2018Polygyny in India: Levels and Differentials<\/strong>\u2019 has analysed data from the NFHS-3 (2005-06), NFHS-4 (2015-16) and NFHS-5 (2019-21). It showed that polygynous marriages<\/strong> (one man married to more than one woman at a time) have decreased from 1.9% in 2005-06<\/strong> to 1.4% in 2019-21<\/strong>, among the whole population.<\/li>\n
    • Among Buddhists<\/strong>, the rate dropped from 3.8% to 1.3%<\/strong>, sharpest decline of 65.79%<\/strong>.<\/li>\n
    • The incidence of polygyny in the total population fell by 26.31%.<\/li>\n<\/ul>\n

      Current Legal Status of Polygamy in India<\/strong><\/h2>\n

      The Hindu Marriage Act, 1955<\/strong><\/p>\n

      The Hindu Marriage Act, 1955<\/strong> (for Hindus, Buddhists, Jains and Sikhs), Parsi Marriage and Divorce Act, 1936<\/strong>, Indian Christian Marriage Act, 1872<\/strong> and Special Marriage Act, 1954<\/strong> all treat a second marriage during the lifetime of a spouse as void<\/strong>, and Section 17 of the Hindu Marriage Act <\/strong>makes such bigamy an offence.<\/p>\n

      Under Section 82 of the Bharatiya Nyaya Sanhita \/ Section 494 IPC<\/strong>, marrying again while a spouse is alive attracts up to seven years\u2019 imprisonment and fine<\/strong><\/p>\n

      Muslim personal law<\/strong><\/h2>\n

      The Muslim Personal Law (Shariat) Application Act, 1937<\/strong> permits a Muslim man to have up to four wives<\/strong>, so bigamy provisions are usually not used against such unions.<\/p>\n

      This asymmetry<\/strong>, where polygamy is a crime for some and a right for others, drives debates on Article 44<\/strong> and a UCC.<\/p>\n

      State Bans Polygamy<\/strong><\/h2>\n

      Goa<\/strong> follows the Portuguese Civil Code, 1867<\/strong>, which requires civil registration and generally enforces monogamy<\/strong>, so a Muslim man cannot legally take a second wife.<\/p>\n