Understanding the Assam Prohibition of Polygamy Bill, 2025

Introduction to the Assam Prohibition of Polygamy Bill, 2025

In a significant move towards personal law reform and the protection of women’s rights, the Assam government introduced the The Assam Prohibition of Polygamy Bill, 2025 in the Assembly on November 25, 2025. Chief Minister Himanta Biswa Sarma tabled the bill, fulfilling a promise made in 2023 to eliminate polygamy through legislation. This initiative follows Assam’s earlier effort to conduct a statewide survey on polygamy in 2023, which highlighted the need for a legal framework to address this issue.

Addressing Gender Inequality

The bill is a reflection of Assam’s commitment to tackling gender inequality and the misuse of personal laws, particularly in cases where polygamy has caused distress among women.

Key Provisions of the Bill

The Assam Prohibition of Polygamy Bill, 2025 seeks to criminalize polygamy and impose strict penalties on offenders. Here are the key provisions:

• Definition of Polygamy: Marrying or being married to another person while an existing legal marriage is still valid and has not been annulled or dissolved by divorce.
• Punishment for First Offence:
  • Up to 7 years imprisonment
  • Fine as determined by the court
• Punishment for Concealing Existing Marriage:
  • Up to 10 years imprisonment
  • Fine (amount not specified in the bill)
• Repeat Offence: Double the punishment prescribed for the previous offence
• Compensation Clause: Victimized women will be eligible for compensation under the bill.

Applicability and Exemptions

The law will apply statewide in Assam, but there are clear exemptions to safeguard tribal customs:

• Not applicable in Sixth Schedule areas: These include autonomous regions like Bodoland Territorial Region, Karbi Anglong, and Dima Hasao, which have special governance under the Constitution.
• Scheduled Tribes Exempted: Members of Scheduled Tribes (STs) as defined under Article 342 of the Constitution will not fall under the purview of this law.
• Applies to Residents Marrying Outside the State: If a person ordinarily residing in Assam enters into a polygamous marriage outside the state after the law takes effect, they will still be held accountable under this law.

Additional Penal Measures

The bill also proposes penalties for those who aid, abet, or conceal polygamous marriages. Key points include:

• Village Heads, Qazis, Parents or Guardians: If found intentionally concealing facts or participating in a polygamous marriage, they could face up to 2 years in jail and a fine up to ₹1 lakh.
• Persons Solemnising an Illegal Marriage: If a person knowingly conducts or formalizes a polygamous marriage, they could face up to 2 years in jail and a fine up to ₹1.5 lakh.

Civic Restrictions After Conviction

Any person convicted under this law will face various civic disqualifications, including:

• Ineligibility for Public Employment
• Disqualification from State-Aided Schemes
• Prohibition from Contesting Local Body Elections, including Panchayati Raj Institutions and Urban Local Bodies.

This bill marks a significant step towards advancing women's rights in Assam, addressing long-standing issues associated with polygamy and setting a legal precedent for personal law reform.