The law on polygamy among religious groups in India

• Assam Chief Minister recently said that the state government will move to ban the practice of polygamy through “legislative action”, and that an “expert committee” would be formed to examine the issue.

Polygamy

• Practice of having more than one married spouse — wife or husband.
• The issue is governed both by personal laws and the Indian Penal Code (IPC).
• Traditionally, polygamy — mainly the situation of a man having more than one wife — was practised widely in India.
• The Hindu Marriage Act, 1955 outlawed the practice.
• IPC Section 494 (“Marrying again during lifetime of husband or wife”) penalises bigamy or polygamy (punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine)
• Does not apply to a marriage which has been declared void by a court — for example, a child marriage that has been declared void.
• Also does not apply if a spouse has been “continually absent” for the “space of seven years”.
  • This means a spouse who has deserted the marriage or when his or her whereabouts are not known for seven years, will not bind the other spouse from remarrying.

Types

• Polygyny
  • In it, a male individual has numerous wives.
  • Polygamy in this form is more common or widespread.
  • Monarchs and emperors in the Indus Valley Civilisation were believed to have several wives.
• Polyandry
  • In it, a female has several husbands.
  • An extremely uncommon occurrence.
• Bigamy
  • When one is already married additionally, the marriage continues to be valid, then married with someone else is known as bigamy plus the person committing this will be called bigamist.
  • A criminal offense in many countries, including India.

Prevalence in India:

• National Family Health Survey-5 (2019-20): The prevalence of polygamy was 2.1% among Christians, 1.9% among Muslims, 1.3% among Hindus, and 1.6% among other religious groups.
• Highest prevalence of polygynous marriages was in the Northeastern states with tribal populations.
• A list of 40 districts with the highest polygyny rates was dominated by those with high tribal populations.

Various Religious Laws regarding Marriage practices in India

• Hindus:
  • Hindu Marriage Act (1955) - Hindu polygamy abolished and criminalised.
    • Section 5 (“Conditions for a Hindu marriage”) - Lays down that “a marriage may be solemnised between any two Hindus, if…(among other conditions) neither party has a spouse living at the time of the marriage”.
    • When someone performs it, they are punished under Section 17 of the very same Act, as well as Sections 494 and 495 of the Indian Penal Code, 1860.
  • Because Buddhists, Jains, and Sikhs are all considered Hindus and do not have their own laws, the provisions in the Hindu Marriage Act apply to these three religious denominations as well.
• Muslims:
  • Laws under ‘Muslim Personal Law Application Act (Shariat) of 1937 apply to Muslims in India.
  • Polygamy is not prohibited in it: Recognised as a religious practice, hence they tend to preserve and practise it.
  • If disagreement between IPC and personal laws: Personal laws are implemented.
• Parsi:
  • Parsi Marriage and Divorce Act, 1936: Outlawed bigamy.
  • Any Parsi, who has been married during his or her life, is subject to the penalties provided for by the India Penal Code for an offence to return to marriage during the lifetime of a Parsi or not, without being legally divorced by a wife or husband or having his or her previous marriage declared invalid or dissolved.