Polygamy, derived from the Greek words “poly,” meaning “many,” and “gamos,” meaning “marriage,” refers to a marital arrangement where an individual has more than one spouse simultaneously. This practice, particularly in the form of a man having multiple wives, was once widespread in India. However, over time, legislations like the Hindu Marriage Act, 1955, have been introduced to outlaw this practice. Recently, the Assam state government has announced plans to legislatively ban polygamy and form an expert committee to evaluate the topic.
Type of Polygamous Marriages
Polygamy takes on a few forms, including polygyny and polyandry. Polygyny is the more conventional form, where a man has several wives. It was common among monarchs and emperors in the Indus Valley Civilisation. Polyandry, although extremely unusual, involves a woman having multiple husbands. Bigamy, another version, occurs when a person gets married while still being involved in a valid marriage with someone else. This act is considered a criminal offense in many countries, including India.
Prevalence of Polygamy in India
According to the National Family Health Survey-5 (2019-20), polygamy’s prevalence stands at 2.1% for Christians, 1.9% for Muslims, 1.3% for Hindus, and 1.6% for other religious groups. The states in Northeast India, predominantly tribal, tend to have the highest occurrence of polygynous marriages.
Religious Laws Pertaining to Marriage in India
The Hindu Marriage Act of 1955 made polygamy illicit for Hindus. Violators face punishment under sections 494 and 495 of the Indian Penal Code, 1860. The same laws apply to Buddhists, Jains, and Sikhs as they are covered under Hindu legislation. For Parsis, the Parsi Marriage and Divorce Act, 1936, outlawed bigamy. Meanwhile, the Muslim Personal Law Application Act of 1937 allows polygamy for Muslims in India, considering it a religious practice.
Legal Perspectives Related to Polygamy
Many landmark rulings have come up in India regarding polygamy. In Parayankandiyal v. K. Devi & Others, 1996, the Supreme Court (SC) declared monogamy as an ideal in Hindu society. Similarly, Narasu Appa Mali, 1951, the Bombay High Court upheld the Bombay (Prevention of Hindu Bigamy Marriage) Act, 1946 as constitutional. A 2003 ruling, Javed & Others v. State of Haryana & Others, stated that Muslim law permitting marriage with four women was not mandatory.
Impact of Polygamy on Indian Society and Constitutional Standpoints
Polygamy has a considerable impact on Indian society and its constitutional validity has been frequently debated. India, being a secular state, treats every religion equally under the law. Any law conflicting with the Constitution’s fundamental rights is deemed unconstitutional. According to Article 14, everyone within Indian territory should receive equal treatment and protection under the law. Meanwhile, Article 15(1) prohibits any discrimination based on religion, caste, sex, or birthplace.
Polygamy Internationally
In countries like India, Singapore, and Malaysia, polygamy is legal exclusively for Muslims. Furthermore, in countries like Algeria, Egypt, and Cameroon, polygamy is still recognized and practiced.
Conclusion
The practice of polygamy, although illegal in most parts of India, still exists in some pockets. The practice, which isn’t unique to any one religion or culture, has been debated over time due to its various societal implications. As society continues to evolve, the justifications that once validated polygamy are no longer tenable. Thus, it is crucial to continue pushing for reforms to ensure that we uphold the rights and interests of all citizens.
