The Assam government on Monday, August 21, announced its intention to engage the public in discussions regarding a proposed legislation aimed at eradicating polygamy in the state.
This endeavour, championed by Assam Chief Minister Himanta Biswa Sarma, seeks to foster a more just and balanced societal landscape by curtailing the tradition of maintaining multiple spouses.
Taking to X (previously known as Twitter), the CM appealed to the citizens to contribute their insights by responding to the government's official notice.
Members of the public are requested to send us their suggestions on the proposed law to ban polygamy in Assam. pic.twitter.com/FpKl0MgYqB
— Himanta Biswa Sarma (@himantabiswa) August 21, 2023
Here's a comprehensive breakdown of the key details on this development:
CM's declaration on Independence Day
Sarma made the announcement on the occasion of the 77th Independence Day celebrations at the Veterinary College Field in Khanapara, Guwahati. He confirmed his government's commitment to introduce a robust law that would effectively ban the practice of polygamy in Assam.
Sarma also mentioned the formation of an expert committee, led by Justice Rumi Phukan, to design measures aimed at eradicating polygamy.
Expert committee
The expert committee was tasked with evaluating the legal authority of the state legislature to introduce a law prohibiting polygamy within Assam.
"To put an end to the practice of polygamy in the state, our government has taken a significant step by deciding to introduce a stringent law in the near future. We established an expert committee led by Justice (Retd.) Rumi Phukan to formulate measures to eradicate polygamy," Sarma said.
The other members in the panel included Devajit Saikia (advocate general of Assam), Nalin Kohli (senior additional advocate general of Assam), and Nekibur Zaman (senior advocate of Gauhati High Court).
The committee submitted a detailed report to the CM, which carried recommendations affirming the competence of the state legislature to enact law against polygamy.
"With respect to Islam, the courts have held that having more than one wife is not an essential part of the religion. Legislation limiting the number of wives does not interfere with the right to practise religion and is within the scope of social welfare and reform," the report observed.
As a result, laws promoting monogamy do not infringe upon Article 25 of the Constitution.
Commitment to eradicate child marriage
In addition to addressing polygamy, Chief Minister Sarma reiterated the Assam government's dedication to eliminating child marriages by the year 2026.
He highlighted previous successful efforts in combating child marriage, which resulted in the apprehension of around 4,000 individuals involved in such practices.
"Our earlier large-scale crackdown against child marriage led to the apprehension of numerous offenders across the state. Building on this momentum, we are set to launch another intensive campaign against child marriage in Assam this September," Sarma said.
Constitutional and legal framework
The Indian Constitution empowers both the Union and the states to legislate on specific subjects. In this case, 'marriage"' falls under the Concurrent List, which allows both the central and state governments to enact laws concerning it.
A significant legal principle known as the Doctrine of Repugnancy (Article 254) dictates that if a state law contradicts a central law, the state law can be overridden unless it has received prior approval from the president of India.
Articles 25 and 26 of the Constitution grant individuals the freedom to practise religion and exercise their conscience. However, these rights are subject to limitations in the interest of "public order, morality, health, and legislative provisions aimed at social welfare and reform."
Invitation for public participation
The window for submitting suggestions extends until August 30, 2023.
Suggestions can be sent via email to assam.gov.in or submitted physically to the principal secretary to the government of Assam, Home and Political Department, Assam Secretariat, Dispur-781006.
(Edited by : Shoma Bhattacharjee)
First Published: Aug 21, 2023 7:17 PM IST
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