Detailed Notes
At its core, the Bill criminalizes any marriage entered into while a previous legally recognized marriage still exists. Whether a person has not obtained a divorce decree, is not legally separated, or continues to have a living spouse, they will face strict legal consequences for engaging in a second marriage. The law also recognizes that polygamy often involves secrecy and deception, and therefore introduces enhanced punishment if the first marriage is intentionally concealed.
A defining feature of the Bill is the wide scope of its applicability. It covers not only residents of Assam but also individuals who enter a polygamous marriage outside the state while owning immovable property in Assam or availing government benefits. However, the legislation excludes tribal populations in Sixth Schedule areas, respecting their customary laws and special constitutional protections.
The Bill has generated significant public discussion, particularly due to the strong provisions introduced to protect women. It mandates the creation of a government-managed fund to support victims of polygamy, ensuring they are not abandoned or left without financial means. Women affected under this law will be eligible for maintenance, rehabilitation assistance, and compensation.
Another important provision is the accountability for facilitators. Any priest, Qazi, or individual who knowingly solemnizes a prohibited marriage may face legal penalties. This discourages the social enabling of polygamy and strengthens enforcement at the community level.
Key Provisions of the Assam Anti Polygamy Bill, 2025
-
Criminal Offense: Entering into a second marriage while the first marriage legally exists becomes a cognizable and non-bailable offense.
-
Punishment: Violators may face up to 7 years of imprisonment, which may extend to 10 years if the earlier marriage is concealed, along with fines.
-
Facilitator Accountability: Priests, Qazis, and others who knowingly assist in solemnizing such marriages may also face penalties.
-
Civil Disabilities: Convicted individuals will be barred from government employment and disqualified from contesting elections in Assam.
-
Victim Support System: A dedicated compensation and maintenance fund will support women affected by polygamy.
-
Jurisdiction: Applies across Assam but excludes Sixth Schedule tribal regions.
-
Preventive Intervention: Police have the authority to intervene before a prohibited marriage takes place.
Purpose of the Bill
The overarching aim of the Anti Polygamy Bill is to promote gender equality, ensure marital justice, and remove legal loopholes that allow exploitation of women. By introducing stricter penalties and creating a robust victim-support mechanism, the law attempts to provide a safer, more equitable social environment. It also aligns Assam with the growing national demand for uniform and gender-neutral marital protections.
While some discussions have emerged around political or religious implications, the spirit of the law emphasizes that protecting women's dignity is not targeted at any community. Rather, it is meant to strengthen legal safeguards across the state and foster a more just society.
The Assam Prohibition of Polygamy Bill, 2025 therefore stands as a progressive step toward ensuring that every marriage in Assam is legally valid, transparent, and respectful of women's rights.