Assam

Assam polygamy ban bill announced by CM Himanta Biswa Sarma, paving way for 7-year jail for bigamy irrespective of religion —

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Assam,Oct.28,2025:In recent years, Assam’s government has flagged multiple social reform measures, including an initiative to table “historic” bills on polygamy, alleged “love-jihad”, the preservation of Vaishnavite institutions (Satras) and land rights for tea-tribe communities-

Specifically, the bill to end polygamy has emerged after the state government announced that, unlike before, it would no longer permit a person to marry more than one woman without legally concluding the first marriage. If passed, Assam would follow in the footsteps of Uttarakhand, which last year became the first Indian state to legislate a ban on polygamy.

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Assam’s move is also set against the backdrop of upcoming elections (the next assembly polls are due in 2026) and ongoing efforts to strengthen education schemes for girls, social welfare and law enforcement on child marriages.

What the Assam polygamy ban bill proposes

Major Provisions of the Assam polygamy ban bill

  • The bill is set to be tabled in the legislative assembly on 25 November 2025, the first day of the winter session.
  • It will make second marriage without a legal separation or divorce from the first spouse a punishable offence, for any citizen, irrespective of religion.
  • The minimum sentence for offenders: seven years imprisonment, and possibly more, depending on seriousness and connected offences.
  • The government emphasises that religious justification will not be acceptable: “some may say their faith allows multiple marriages, but we will not permit it here”.
  • The legislation is being positioned alongside other reforms (for example, ending “love-jihad”) so as to reflect a unified push for gender and social justice.
  • Why 7 years

According to the government’s public statements, the rationale for a significant jail term is to underscore seriousness, act as a strong deterrent, and elevate the dignity and rights of women in the state.

Scope & Reach

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  • The ban will apply equally to all communities and religions in Assam. No exception will be made, which is a departure from many personal law frameworks that permit polygamy under certain faiths.
  • The law is likely to interface with personal laws (Hindu, Muslim, Christian) and the state may need to navigate constitutional challenges.
  • The bill is part of a broader legislative package addressing social issues: this gives it context beyond just polygamy.

Why the government is pushing this legislation

Political and social motivations

The government under Chief Minister Himanta Biswa Sarma has repeatedly stressed women’s empowerment, protection of girls’ education, and safeguarding dignity of women and families in Assam. For instance, the state’s “Nijut Moina” scheme (benefitting over 3.5 lakh girl students in 2025-26) highlights the emphasis on female education and empowerment.

By introducing the Assam polygamy ban bill, the government appears to be seeking to-

  • Send a strong signal of zero-tolerance towards bigamy and perceived social exploitation.
  • Align with the discourse of reform and cultural change in Assam, especially in the run-up to elections.
  • Appeal to sections of the electorate who demand stricter regulation of social practices and gender justice.
  • Align state laws more closely with the idea of a Uniform Civil Code (UCC) trajectory, by applying a uniform prohibition of multiple marriages.  
  • Gender equality & women’s rights

From the statements “We will protect the dignity of women in this state at any cost.” This strongly positions the bill as a feminist/social justice measure rather than purely a moral legislative act. It overlaps with earlier efforts to curb child marriage, multiple births, and educate girls.

Legal reform and uniformity

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The government suggests that the law will bring personal and social practices into alignment with the constitutional guarantees of equality and non-discrimination. The Assam polygamy ban bill is being portrayed as part of a modern legal framework for Assam, rather than ad-hoc regulation.

Implications for citizens and families

If passed, the law will change the legal risk profile for those entering into a second marriage without divorce. Families will need to ensure that the first marriage is legally terminated before undertaking another. The threat of 7 years’ jail means that bigamy will no longer be treated as a purely civil matter, but as a serious criminal offence.

It will also place personal law frameworks (which may allow polygamy under certain faiths) into conflict with state legislation. The enforcement mechanism must handle that tension carefully.

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Reactions and public sentiment

  • The announcement has been widely reported in national media, marking a major step for Assam.
  • Some rights-groups may welcome the move for gender equity; at the same time, there may be religious or community pushback if the law is perceived to infringe on faith-based personal law rights.
  • Legal experts will watch for constitutionality issues, particularly freedom of religion and personal law protections under Article 25/26 of the Indian Constitution.

Political dimension

Given that Assam is heading to assembly elections in 2026, the timing of this reform is politically significant. It indicates that the government is setting a strong law-and-order/social reform agenda ahead of polls. The Assam polygamy ban bill becomes a high-visibility policy.

Constitutional, social and religious dimensions

Constitutional checks and balances

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Under Indian law, marriage and personal law are simultaneously regulated by central law (e.g., Hindu Marriage Act, Muslim Personal Law) and state law in areas of public order/social welfare. A state-law banning polygamy raises questions-

  • Will the law override faith-based personal laws?
  • Could the law be challenged on grounds of violation of religious rights (Articles 25/26)?
  • The government argues that the law advances gender equality and public morality, which may be a strong constitutional ground.

Social practice vs Modern norms

Polygamy, while less common, still persists in certain pockets of India under personal laws or social custom. By introducing the Assam polygamy ban bill, the state is drawing a line between tradition and what it defines as modern, equitable marriage practices.
There is also the concern of enforcement and how this affects already-vulnerable women in polygamous relationships. The state must ensure protective mechanisms accompany this punitive measure.

 Religious freedom and backlash risks

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Since the law expressly states that religion will not be a defence, it may face legal scrutiny if a person claims that polygamy is permitted under their faith. Balancing religious freedom with gender justice is a key challenge.
Community outreach, awareness campaigns and social counselling will be critical to prevent unintended social backlash or victims of conflict.

Challenges ahead in implementation

Enforcement practicalities

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  • State-wide awareness- ensuring individuals know that the second marriage is criminalised.
  • Evidence and proof: determining whether the first spouse was legally divorced, existence of valid first marriage, etc.
  • Resource and policing: ensuring law-enforcement and courts are prepared for increased caseloads under this new offence.
  • Avoiding misuse: As with any law, there is a risk of harassment or misuse; the government must guard against arbitrary application.

Social adaptation

  • Even with a law, changing deep-rooted social practices takes time. It will require social campaigns, education, stakeholder engagement (religious leaders, civil society, women’s groups).
  • The government must provide support systems for women who may get disadvantaged in polygamous unions—ensuring legal aid, social welfare, housing, education, etc.

Legal challenges

  • Lawsuits may follow: Individuals or groups may challenge the Assam polygamy ban bill on constitutional grounds.
  • Clarity in drafting will be critical: definitions, exemptions (if any), interplay with central laws, appeal procedures.
  • The state must also handle transitional situations: what about existing polygamous marriages? Will they be grandfathered? The policy must clarify.

The Assam polygamy ban bill represents a significant reform in the northeastern Indian state’s legislative agenda — a bold declaration that multiple marriages without divorce will attract severe punishment. With a minimum sentence of seven years’ imprisonment and applicability irrespective of religion, the proposed law seeks to elevate the status of marriage, emphasise monogamy, bolster women’s dignity, and modernise social practices.

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