Indian state makes polygamy a criminal offence – but activists say it is a tool for discrimination

1. Asia
2. India

New law excludes predominantly non-Muslim tribal communities

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A state legislature in India has passed a new law criminalising polygamy that critics say is designed to target the Muslim minority.

The Assam Prohibition of Polygamy Bill 2025 makes entering a second marriage while the first legally exists a cognisable criminal offence, meaning police can arrest the man without a warrant. An offender can be jailed for up to 10 years and barred from taking state jobs and contesting elections.

The measure introduced by the northeastern Assam state also authorises financial compensation for women harmed by such marriages, with a dedicated government body to determine payouts, according to NDTV.

Assam chief minister Himanta Biswa Sarma claimed the law was meant to safeguard women’s rights and declared that it was “the first step towards UCC”, a Uniform Civil Code for all citizens to replace personal laws for various religious communities.

The UCC is a politically contentious project championed by Sarma’s BJP party, which rules Assam as well as India.

Mr Sarma pledged to introduce such a code “in the first session” of the new assembly if he was returned to office next year, India Today reported.

Activists and opposition leaders criticised the new law and accused the government of targeting the Muslim minority.

They noted that the law didn’t apply to Scheduled Tribes, indigenous communities recognised under the Indian constitution, or to the people living in areas under the administration of tribals, such as the Bodoland Territorial Region and the hill districts of Karbi Anglong and Dima Hasao. The state’s tribals are predominantly non-Muslim.

Opposition members asked why women in exempted territories should not receive similar protections if the law wasn’t targeted at the Muslim community.

They also said the law conflicted with the Muslim Personal Law, an act of the Indian parliament permitting a Muslim man to have up to four wives.

Abdir Rashid Mandal, a legislator from the opposition Congress party, argued that this would render the bill ultra vires, meaning beyond the powers of the state, reported the Indian Express.

In response, Mr Sarma said his government would send the bill for presidential assent, a route taken where state legislation could be considered to diverge from federal law.

He insisted that the measure was not directed at Muslims and would apply “equally to Hindus, Muslims and also Christians”.

The new law states that entering a second marriage while the first remains valid is punishable by up to seven years in prison and a fine. Concealing an existing spouse while contracting a subsequent marriage attracts a harsher penalty of up to 10 years.

Anyone who knowingly performs, participates in or facilitates an unlawful marriage, including parents, village heads, legal guardians and religious authorities such as the Muslim marriage registrars known as qazis, may face up to two years in jail and fines of up to Rs 150,000 (£1,269).

The law defines polygamy as marrying another woman while having a living spouse. It also covers a marriage that is solemnised while a previous one is not legally dissolved or annulled.

All India United Democratic Front legislator Aminul Islam argued that the law fit into a “pattern” of state actions targeting Muslims.

“There has been a pattern of the government getting its hands into Muslim personal matters, be it abolishing the old Muslim Marriage Act and passing a new one or laws stopping land sale,” he said. “So, somewhere, we are seeing the target is Muslim-related matters.”

“We have laws targeting us, we can’t buy or sell land, suffer evictions,” he said. “There is an attempt to create unrest among one-third of the population, which will cause unrest in the entire society.”

Another Congress legislator, Jakir Hussain Sikdar, said women in exempted areas suffered as much as women elsewhere and demanded to know why they were not covered by the law.

Mr Sarma countered that the state assembly lacked authority to legislate for areas administered by tribals without their consent and hoped that autonomous councils would adopt similar laws.

The chief minister used the debate in the legislature to outline future legislation he intended to pursue, including raising the legal marriage age for women to 21, equal inheritance rights, compulsory marriage registration, a ban on temporary marriages under some interpretations of Islamic law, and a new statute addressing “deceptive marriage”.

Mr Sarma insisted the new law was “not against Islam”, India Today said. “Islam can't promote polygamy. If this bill passes, then you will get a chance to be a true Muslim.”

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