In a significant move towards legal reform, the Assam Cabinet has approved the Assam Prohibition of Polygamy Bill, 2025, which seeks to outlaw the practice of polygamy in the state.
The Bill, which proposes stringent punishment for offenders, is set to be tabled during the upcoming state Assembly session beginning November 25, Chief Minister Himanta Biswa Sarma confirmed on November 9. Speaking after the Cabinet meeting, CM Sarma announced that the proposed legislation will introduce a maximum penalty of seven years’ imprisonment for individuals found guilty of engaging in multiple marriages while their first spouse is still alive.
He emphasized that the offence would be cognizable and non-bailable, underscoring the government’s strong stance against the practice. “After the passing of this Bill, anyone marrying for the second or third time will face imprisonment for seven years. The offence will be cognizable, which means bail will not be granted immediately,” said Sarma.
Compensation Fund for Victims of Polygamy
The Chief Minister also revealed that the Bill includes a special provision to support women who are victims of polygamy. Under this clause, the Assam government will create a compensation fund to provide financial assistance to affected women—whether they are the first wives abandoned by their husbands or second wives who entered the marriage without knowledge of the man’s existing relationship.
“After the man is imprisoned, what happens to the woman? Often, the second wife is unaware of the man’s first marriage, or the first wife is abandoned after he marries again. To ensure that no woman becomes a victim, a compensation fund will be established,” Sarma explained, adding that the quantum of compensation and eligibility criteria will be decided once the detailed rules are framed.
Exemptions Under the Bill
- While the legislation aims to apply to the general population, Sarma clarified that it will not extend to Scheduled Tribe communities and tribal districts governed under the Sixth Schedule of the Constitution.
- This includes regions such as Bodoland Territorial Council (BTC), Dima Hasao, and Karbi Anglong.
- Additionally, minority Muslims residing in Sixth Schedule areas prior to 2005 will also be exempted from the Bill’s provisions.
Background and Legislative Context
The proposal follows Assam’s earlier announcement in 2023 to draft an anti-polygamy law. A committee headed by retired Guwahati High Court judge Justice Rumi Phukan was constituted to assess the state’s legislative competence in enacting such a law. Although progress was initially paused after Uttarakhand’s implementation of the Uniform Civil Code (UCC) in 2024, Sarma stated that Assam now seeks to align its legal framework with the broader UCC principles.
With the Assam Prohibition of Polygamy Bill, 2025, the state government aims to promote gender equality, protect women’s rights, and ensure a uniform legal standard in marriage-related laws.
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