Guwahati: In a landmark move that could reshape Assam’s social and legal landscape, the Assam Legislative Assembly on Thursday passed the Assam Prohibition of Polygamy Bill, 2025—legislation that criminalises polygamy with penalties of up to 10 years’ imprisonment, while carving out exemptions for Scheduled Tribes (STs) and areas under the Sixth Schedule.
The Bill, which will now be sent to President Droupadi Murmu for assent, marks a significant policy shift aimed at protecting women’s rights and curbing long-standing practices that lawmakers say have disproportionately harmed women in vulnerable communities.
Chief Minister Himanta Biswa Sarma, speaking passionately during the Bill’s passage, reiterated his government’s commitment to implementing broader legal reforms. “If I come back to power, I will introduce the Uniform Civil Code in the first session,” he declared. “Stop me if you can. If you cannot, the UCC will be brought to this House.”
Under the new law, entering into a second marriage without legally dissolving an existing one will be punishable by up to seven years of imprisonment and a fine.
Repeat offenders—including those who hide an existing marriage—could face up to 10 years in prison. The Bill also proposes double punishment for subsequent offences and penalises anyone who knowingly solemnises an illegal marriage, with up to two years in prison or a fine of up to ₹1.5 lakh.
For the first time, the legislation also includes a victim compensation clause aimed at supporting women affected by illegal marriages.
Polygamy, the Bill states, includes marrying another person while having a living spouse, or maintaining a marriage not yet annulled or dissolved.
Sarma emphasised that the Bill was not about religion but about justice. “Women's empowerment is a declared policy of the BJP government. We are biased towards our mothers and sisters,” he said. “This legislation is a tribute to the oppressed women after so many years of independence.
He argued that harmful practices—especially child marriage and polygamy—had stripped many women of their agency. “In several constituencies, Muslim women have had no representation since Anwara Taimur. Many girls become mothers by 12. A 60-year-old man marries an 18-year-old girl because society lets him. We are giving rights to the oppressed women through this legislation.”
The Chief Minister insisted that the Bill covers all communities uniformly. “Hindus are also not free from polygamy. This legislation will stop polygamy in Christian, Hindu, and Muslim societies. We are not targeting any religion.”
The Bill does not apply to Scheduled Tribes or Sixth Schedule areas, including the Bodoland Territorial Region (BTR), Dima Hasao, Karbi Anglong, and West Karbi Anglong. Sarma explained that these exclusions stem from constitutional provisions granting autonomous councils legislative powers.
“Assam Legislative Assembly cannot make laws without the concurrence of BTC, KAAC and NCHAC. I hope they will bring similar legislation in their respective areas,” he said.
The Chief Minister used the debate to renew his call for a UCC in Assam. Responding to AIUDF MLA Aminul Islam, he said the UCC would be implemented “minus Sixth Schedule areas” if his government returns to power in 2026.
He hinted at future reforms as well: raising the marriage age for women from 18 to 21, ensuring equal divorce rights, and cracking down on “deceptive marriages.”
Addressing criticisms that the Bill targets the Muslim community, Sarma pushed back firmly. “Islam cannot promote polygamy. This Bill is not against Islam. True Islamic people will welcome it,” he said, citing examples from Turkey and Pakistan.
He argued that while Islamic law permits second marriage only with the consent of the first wife, “Which wife will allow it? Consent is often manipulated or hidden.”
“Asomiyas who follow Islam do not permit polygamy. In Islam, monogamy is the rule and polygamy is the exception,” he added.
Despite Sarma’s appeal for unanimity “to send a message of collective support for women’s empowerment,” opposition parties AIUDF and CPI(M) pushed for amendments. These were ultimately defeated by a voice vote.
The Bill was introduced on the first day of the winter session earlier this week and moved swiftly through debate.
If enacted, the law will carry substantial civic restrictions for offenders. A person convicted under the Act will be barred from holding government-funded employment, accessing state welfare schemes, or contesting elections in Assam.
While the Bill’s supporters have hailed it as a progressive step toward gender justice, civil society groups and legal scholars are expected to scrutinise the implementation framework—particularly the need for safeguards to prevent misuse and ensure fairness across communities.
For now, the government awaits the President’s assent. But the Chief Minister made clear that this legislation is part of a broader agenda. “We have stopped child marriage. We will stop polygamy. And if people bless us again, we will bring the Uniform Civil Code,” he said, closing one of the Assembly’s most consequential debates in recent years.
