Understanding Polyandry and Indian Law

FAQs on Polyandry and Indian Law

1. Is Polyandry Permitted Under Indian Law?

No. Both polyandry (a woman having multiple husbands) and polygamy (a man having multiple wives) are prohibited under Indian law. The Hindu Marriage Act, 1955 allows only monogamous marriages. Any second or additional marriage while the first is still valid is considered void and punishable under Section 494 of the Indian Penal Code (IPC).

2. Can Tribal Customs Override National Law?

Not automatically. Customary practices of Scheduled Tribes (STs) are recognised under Article 342 of the Constitution and may be exempt from codified laws like the Hindu Marriage Act—if they are proven to be ancient, reasonable, certain, and not against public policy. However, customs violating constitutional principles of equality, dignity, or human rights may be struck down by the courts.

3. What Constitutes a ‘Valid Custom’ in Law?

For a custom to be legally valid, it must meet the following conditions:

• Be ancient and continuously practiced over a long period
• Be certain, uniform, and not vague
• Not be opposed to public policy, morality, or constitutional principles
• Be proven with credible evidence when challenged in court

For example, the Hatti tribe’s polyandry practice must fulfill these conditions to gain legal recognition.

4. What Did the Supreme Court Rule in Similar Cases?

• Ram Charan v. Sukhram (1975): Customary laws cannot override constitutional equality and inheritance rights if they discriminate based on gender or caste.
• Sabarimala Case (2018): Customs barring women’s entry into temples violated Articles 14 and 21 (equality and liberty).
• Triple Talaq Case (2017): Instant divorce (talaq-e-biddat) was struck down as unconstitutional under Article 14.

5. Does the Uniform Civil Code (UCC) Apply Here?

The Uniform Civil Code (UCC) enacted in Uttarakhand (2024) currently does not extend to Scheduled Tribes unless specifically notified. While Article 44 promotes a UCC for all citizens, Article 371 and the Fifth and Sixth Schedules protect tribal customs—limiting UCC applicability unless Parliament decides otherwise.

6. Can a Woman Claim Legal Rights in a Polyandrous Marriage?

Without statutory recognition, women in polyandrous marriages face significant challenges in claiming maintenance, inheritance, or child custody rights. Courts may grant limited relief only if the custom is proven valid and not arbitrary or discriminatory under constitutional law.

7. Are Customs Like Polyandry Still Prevalent?

Yes, though rare. Polyandry continues in some remote tribal regions such as the Hatti area of Himachal Pradesh. Traditionally, it helped preserve joint landholdings and family unity. However, such cases are now declining and increasingly subject to legal and social scrutiny.

8. How Do Courts Balance Custom and Fundamental Rights?

Courts follow the guiding principle: “Custom ends where constitutional morality begins.” If a custom undermines equality, dignity, or personal liberty, it cannot be upheld. The burden of proof lies on those claiming the validity of such a custom.