Polygamy in India [UPSC Notes]

The Chief Minister of Assam has announced plans to prohibit the practice of polygamy through the enactment of legislation. In this context, we discuss the law on polygamy among religious groups in India, the legal status of polygamy in the country and other details for the IAS exam polity, governance and society segments.

What is Polygamy?

Polygamy is the practice of having more than one spouse at the same time.

• This means that one person can be married to multiple partners at once.
• In the past, polygamy, which often involved men having multiple wives, was a common practice in India.

Legal Provisions with Respect to Polygamy in India

• The Hindu Marriage Act, 1955 outlawed the practice of polygamy.
• IPC Section 494 penalizes bigamy or polygamy.
• This provision does not apply in two specific cases, such as
  • When a marriage has been declared void by a court. An instance would be a child marriage that has been invalidated.
  • If a spouse has been ‘continually absent’ for 7 years.
    • This implies that the spouse has abandoned the marital relationship or their location is unknown for a period of 7 years.

Second Marriage:

• If a man is accused of marrying a second wife by his first wife, the court will examine if the second marriage is legally valid.
  • The validity of the second marriage is based on the prescribed customs, and the penal provision won’t apply if the second marriage is not legally valid. 
  • In bigamy cases, the ceremonies constituting the second marriage must be proved.
  • The penal provision will not be applicable for extramarital relationships that do not meet the legal definition of a valid marriage.
• Section 495 of the Indian Penal Code punishes a person who conceals the fact of a former marriage from the subsequent spouse and commits the offence of bigamy, with imprisonment for up to ten years and a fine.

Polygamy Under Hindu Law

• After India gained independence, laws were created to prohibit bigamy.
• The Special Marriage Act of 1954 required monogamy, and the Hindu Marriage Act of 1955 outlawed having more than one spouse at a time for Hindus, Buddhists, Jains, and Sikhs. 
• The Parsi Marriage and Divorce Act of 1936 had already made bigamy illegal for Parsis. 
• Despite bigamy being an offense, children born from bigamous marriages are still entitled to the same rights as those from the first marriage under the law.
• Exception to the bigamy law for Hindus:
  • The Codes of Usages and Customs of Gentile Hindus of Goa specify that Hindu men in Goa can have multiple spouses under specific circumstances. 
  • Nonetheless, this provision has been considered almost obsolete and hasn’t been implemented since 1910.

Polygamy Under Muslim Law

• Under the Shariat Act, 1937, a Muslim man is permitted to have up to four wives. 
• Conversion from other religions to Islam to have more than one wife:
  • A 1995 Supreme Court ruling in Sarla Mudgal v Union of India declared religious conversion for the purpose of committing bigamy unconstitutional.
  • The same ruling was reiterated in the 2000 case of Lily Thomas v Union of India.
• If there is an effort to ban polygamy for Muslims, it would require special legislation that overrides personal law protections, similar to the ban on triple talaq.

Polygamy in India Statistics

• National Family Health Survey-5 (2019-20) findings:
  • Polygamy rates were highest among tribal populations in Northeastern states.
  • Among various religious groups, the prevalence of polygamy was 2.1% among Christians, 1.9% among Muslims, 1.3% among Hindus, and 1.6% among others.

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