On Monday, Assam Chief Minister Himanta Biswa Sarma invited citizens to submit comments on his government’s proposed law to outlaw polygamy in the state.
The chief minister issued a government notification while appealing to the public for suggestions on his X (previously Twitter) profile. The notification cited an expert committee report proposing that the Assam assembly pass legislation prohibiting polygamy.
“Articles 25 and 26 provide freedom of conscience and the right to practice religion. However, these rights 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 religion to receive protection”, the notice read.
“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 scope of “social welfare and reform”. Hence, laws favoring monogamy do not violate Article 25″, the government notice added.
“Considering these principles, the State of Assam would have the legislative competence to enact a state legislature to end polygamy,” it added.
On August 6, the Assam government’s expert committee appointed to investigate the state legislature’s legislative competence to enact a bill to prohibit polygamy submitted its findings to Sarma, who immediately stated that legislation on the subject will be filed within this fiscal year.
He further claimed that the group unanimously decided that the state may create its own laws to prohibit polygamy. On the occasion of the 77th Independence Day on August 15, Sarma stated in his official address that a “strict act” to ban polygamy in Assam will be introduced soon.
