The Assam government has sought public opinion on a proposed law to end polygamy in the state, Chief Minister Himanta Biswa Sarma said on Monday.
Sharing a government public notice on ‘X’, formerly Twitter, Sarma appealed to the people to send their suggestions on the proposed law to ban polygamy in Assam.
The notice published by the Principal Secretary of the Home and Political Department requested the people to send their opinion by August 30 through email or by post.
It mentioned that the Assam government had formed an expert committee to study the legislative competence of the Assembly to enact a law banning polygamy, and the report stated that the state legislature is competent to enact a law to ban the marital practice.
Sharing the executive summary of the report, the public notice stated that marriage falls under the Concurrent List, enabling both the Centre and states to pass laws on it. “The Doctrine of Repugnancy (Article 254) stipulates that if a state legislation contradicts a central legislation, the state law will be overridden unless it received the prior assent of the President of India,” it added.
Quoting the report, the notice mentioned that freedom of conscience and the right to practice religion under Article 25 and 26 of the Constitution are “not absolute and are subject to public order, morality, health and legislative provisions for social welfare and reform”. The courts have clarified that religious practices must be essential and integral to the religion to receive protection, it added.
“With respect to Islam, the courts have held that having more than one wife is not an essential part of the religion. Legislation limiting the number of wives does not interfere with the right to practice religion and is within the scope of ‘social welfare and reform’. Hence, laws favouring monogamy do not violate Article 25,” said the notice, which referred to the expert committee’s report.
