Assam Passes Historic Bill to Ban Polygamy: Understanding the New Criminal Offense and Its Implications

Himanta Sarma emphasized while introducing the Bill that women's rights "will not be compromised".

On Thursday, the Assam Legislative Assembly passed legislation prohibiting polygamy, establishing it as a criminal offense punishable by up to seven years imprisonment and including provisions for compensation to female victims, according to Assam Chief Minister Himanta Biswa Sarma.

The Chief Minister described the 'Assam Prohibition of Polygamy Bill, 2025' as the initial step toward implementing new legislation in the state, aligned with the Uniform Civil Code (UCC) bill that was passed by the Uttarakhand assembly.

He stated that if the Bharatiya Janata Party (BJP) secures victory in next year's state election, the complete UCC bill would be passed during the first assembly session.

Under the provisions of the Bill, individuals found guilty of unlawfully entering a second marriage while their first marriage remains valid can face up to seven years imprisonment. Anyone who conceals an existing marriage before entering another marriage could face 10 years in jail and financial penalties.

The legislation excludes Scheduled Tribes and regions under the Sixth Schedule of the Constitution, which provides autonomy to tribal areas in northeastern states.

The bill defines 'polygamy' as marrying or being married to another person when either party already has an existing marriage or living spouse from whom they have not legally divorced, or whose marriage has not been legally annulled or declared void.

The legislation aims to provide compensation to women victims, acknowledging the significant pain and difficulties they experience due to polygamous marriages.

Repeat offenders under the proposed act will receive double the prescribed punishment for each subsequent offense, according to the bill.

Village heads, qazis, parents, or legal guardians who dishonestly conceal facts or intentionally participate in conducting polygamous marriages may face up to two years imprisonment and fines up to Rs one lakh.

Any person who knowingly performs a marriage violating the proposed law could be punished with up to two years imprisonment or fines up to Rs 1.50 lakh.

While introducing the polygamy ban bill, Sarma stated, "If I am voted to power in Assam again, then we will bring the Uniform Civil Code in the state during the first assembly session."

He affirmed that the anti-polygamy act will be the "first step towards UCC" in Assam.

Sarma has repeatedly stated that his government will implement the UCC through the "front door" if the BJP wins next year's state elections.

Following the UCC Bill's passage in Uttarakhand in February last year, Sarma explained, "The UCC is in Uttarakhand now. The UCC deals with four points – preventing underage marriage, banning polygamy, inheritance laws and registration of live-in relationships. The UCC does not deal with traditional rituals or practices."

While presenting the Bill in the assembly, Sarma reiterated that women's rights in Assam "will not be compromised."

In a post on X, Sarma stated that the government is moving forward with unwavering determination to ensure justice, dignity, and legal protections for women.

He emphasized that the Bill demonstrates Assam's strong commitment to upholding the principles of 'Nari Shakti' and enhancing women's position in society.