Is having two spouses illegal? Here's what Indian laws say about polygamy | Explained
common law for all citizens of the country, irrespective of their religion. Just this week, Assam Chief Minister said a state government employee "is not entitled to enter into a second marriage", adding that, "...if some religion allows you to do so, even then as per the rule, you have to get permission from the state government".
Sarma has time and again been vocal about banning polygamy in the state, and is all set to propose a Bill for the same during the state assembly session in December, according to the Economic Times. As the debate over the legality of polygamy or bigamy in India continues, here's in detail what the Indian laws say about it: Polygamy is illegal under the Indian Penal Code (IPC), but Muslim men are allowed to have up to four wives under Sharia Islamic law.
Besides, polygamy also exists in many tribal communities. The Supreme Court, in a verdict uploaded in 2021, had mentioned that India recognizes a plural legal system, wherein different religious communities are permitted to be governed by different ‘personal laws’.
"... but personal laws must meet the test of constitutional validity and constitutional morality, in as much as, they cannot be violative of Articles 14, 15,21 of the Constitution," it added.
A consultation paper on Reform of Family Laws by the Law Commission of India 2018 states that "there are significantly different attitudes towards how a union between two people is imagined". It upholds that "it is important that these different attitudes are respected and not placed in a hierarchy, pitting one religious attitude against another." "While in Hindu law, marriage is a sacrament, in Christian law, divorce continues to be stigmatised; in Muslim law, marriage is a contract and Parsi
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