The Assam Assembly on Thursday witnessed a heated and emotional debate on the Assam Prohibition of Polygamy Bill 2025. MPs debated its constitutional validity, social impact, and alleged targeting of a particular community.
Opposition members questioned the proposed law’s intent and legal validity, arguing that it violates fundamental rights and personal laws, particularly those related to the Muslim community. The ruling party maintained that the law was intended to protect women and ensure gender justice across all communities.
Raising serious constitutional concerns, Abdul Rashid Mandal stated that marriage falls under the concurrent list and both the central and state governments can legislate on it, but warned that any state law overriding the central Muslim personal law would create legal complications.
He said, “According to Articles 14, 15, and 21, this bill violates constitutional norms. We object that it applies only to selected communities and areas. The law should be equal for all.” He also said that parents and society should not be punished for marriages conducted without their knowledge.
He also opposed Section 11 of the bill, saying, “The police should not raid or search a home without a firm charge or warrant. This is illegal, unlawful, and beyond the scope of the law.” On the other hand, ruling party MLA Suman Haripriya strongly supported the bill, calling it a much-needed step towards empowering women. “Just imagine how a woman feels when her husband marries a second wife despite having a wife at home.
Men never think about it, but this bill does,” he said. He claimed that in some minority-dominated areas, girls from other communities are exploited under the pretext of polygamy. He also demanded a toll-free helpline for affected women. Aminul Islam Jr. challenged the need for the bill, saying that Islamic law already has strict conditions for second marriage.
He said, “We are not encouraging men to marry multiple women. It is only permitted in necessary circumstances and under strict conditions, including equal treatment and consent.” He further said that the bill “directly impacts Articles 25, 26, 14, 15, and 21” and accused the government of targeting Muslims. He alleged, “This law is like interfering with our Quran.” Citing statistics, Asraful Hussain said that polygamy is not limited to Muslims.
He said, “In Assam, the rate of polygamy among non-Muslims is 1.8, while among Muslims it is 3.6. However, in states like Meghalaya, Arunachal Pradesh, Mizoram, and Odisha, the rate is even higher.” Zakir Hussain Sikdar and Rafiqul Islam expressed similar concerns, questioning why the bill was limited to specific areas and pointing out that polygamy occurs in all communities. Rafiqul said, “Yes, the Quran allows polygamy, but with strict conditions. It does not encourage it.” Raijor Dal MLA Akhil Gogoi accused the government of politicizing the issue.
“If a person has a conscience, they will not consider remarrying. From that perspective, the bill seems correct, but exempting areas under the Sixth Schedule shows selective implementation,” he said, alleging communal intent. “The BNSS already prohibits polygamy. Why introduce another law? Punishing the couple may be okay, but punishing the parents and society is not.” Responding to criticism, Chief Minister Himanta Biswa Sarma strongly defended the bill, calling it a continuation of his government’s women-centric policies.
He said, “Empowering women is one of our objectives, and we don’t think about religion. We want a government that is non-partisan towards women,” linking the move to initiatives like the Orunodoi and Nijut Moina schemes. He dismissed allegations of communal targeting, saying, “This bill doesn’t mention any particular community. It applies to everyone.” Regarding the exemption for Sixth Schedule areas, Sarma clarified that autonomous councils like the BTC have legal rights under the Bodo Accord and their approval is required.
He added, “After the passage of this bill, we hope that Sixth Schedule areas will also enact their own laws.” Explaining the rationale behind the law, Sarma said, “In Islamic law, having one wife is the norm, and marrying more than one is an exemption. Which man can truly love two wives and treat them equally? There will always be discrimination.” He also referred to the Supreme Court’s move towards a Uniform Civil Code, saying, “If the opposition cannot stop me, I will definitely introduce a Uniform Civil Code in Assam.” He further warned that anyone who promotes illegal polygamy, including qazis and family members, will be punished.
He added, “If parents or qazis become complicit in this crime, they will be punished.”
