Assam Government inching towards banning polygamy in state

 STAFF REPORTER

GUWAHATI: Toeing the line of the Central government’s policy of seeking suggestions and opinions on the UCC (Uniform Civil Code), the Assam government has sought suggestions and opinions from all stakeholders on the proposed law to ban polygamy in the state.

The State Government constituted an expert committee with Justice (retd) Rumi Kumari Phukan as the chairperson, Advocate General Debajit Saikia, Senior Additional Advocate General Nalin Kohli, and senior advocate of Gauhati High Court Nekibur Zaman as members to study the legislative competence of the State Assembly to enact a law banning polygamy in the state. The expert committee submitted its report to the Chief Minister on August 6 this year. The expert committee said in its report that the State Legislature is competent enough to enact a law to ban polygamy.

Initially, the State government was in a dilemma about whether or not to take public opinion on the proposed law. However, after careful examination of all legal issues involved in the proposed law, the State Government has sought opinions and suggestions from all stakeholders.

Now individuals or organizations can share their suggestions and opinions on the proposed law by August 30 this year to the Principal Secretary, Home and Political Department of the State Government, Assam Secretariat, Dispur, by post or by email.

Meanwhile, the State Government has made public the executive summary of the expert committee’s report to give stakeholders a clear picture of the issue.

The executive summary of the expert committee’s report says, “The Indian Constitution grants the Union and the States the authority to enact legislation on certain subjects. ‘Marriage’ falls under the Concurrent List, enabling both the Centre and the States to pass laws on it. The Doctrine of Repugnancy (Article 254) stipulates that if state legislation contradicts central legislation, the state law will be overridden unless it receives the prior assent of the President of India.

“Articles 25 and 26 of the Constitution provide freedom of conscience and the right to practise 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 the religion to receive protection.

“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 practise religion and is within the scope of ‘social welfare and reform’. Hence, laws favouring monogamy do not violate Article 25.

“Considering these principles, the State of Assam would have the legislative competence to enact a State legislature to end Polygamy.”

The expert committee also said that only the President of India can give her assent to such an Act, not the State Governor.

With the State Government seeking suggestions and opinions from stakeholders on the proposed law, Dispur has taken a step towards its destination, as the Chief Minister said, to enact the law banning polygamy in the state by this financial year in the event of the Central Act on UCC not becoming a reality.

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