Assam Government’s Expert Committee to Examine Legality of Polygamy in the State
Assam Polygamy: Assam Government has formed an expert committee to examine the authority of the State Government in prohibiting polygamy. The committee will analyze The Muslim Personal Law (Shariat) Act, 1937, and Article 25 of the Indian Constitution, in relation to the directive principle of a uniform civil code. Extensive discussions will be held with legal experts and stakeholders to make an informed decision on this matter.
Assam Polygamy
Assam Polygamy: its legal aspect
Acts Mentioned | Description |
---|---|
The Muslim Personal Law (Shariat) Act, 1937 | This act governs the personal law related to marriage and other family matters for Muslims in India. |
Article 25 of the Constitution of India | Article 25 guarantees the freedom of religion and allows individuals to freely practice and propagate their religion. |
Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 | This section pertains to the application of Muslim personal law in matters of marriage, including provisions related to polygamy. |
Section 494 & 495 of the IPC | Sections 494 and 495 of the Indian Penal Code deal with the offense of bigamy and punishment for marrying again during the lifetime of a spouse. |
Article 13 of the Constitution of India | Article 13 provides for the supremacy of the Constitution and declares that any law inconsistent with the fundamental rights shall be void. |
Part III of the Constitution | Part III of the Constitution contains the fundamental rights guaranteed to the citizens of India. |
Articles 14, 15, and 21 of the Constitution | These articles guarantee the right to equality, prohibition of discrimination, and protection of life and personal liberty under the Constitution. |
Polygamy is prohibited in all religious communities in India, except for the Muslim community. While practicing polygamy is punishable under the Indian Penal Code for other communities, the Muslim Personal Law (Shariat) Application Act, 1937, governs the law regarding marriage and allows polygamy for Muslims.
The Supreme Court has previously addressed the issue of polygamy. In the case of triple talaq or talaq-e-biddat, the Supreme Court declared it unconstitutional and discriminatory against Muslim women. However, the Court did not make any specific findings regarding polygamy itself.
The Supreme Court has stated that while Muslim personal law permits polygamy, it is not mandatory or a duty to have multiple marriages. The Court has also recognized that polygamy can be superseded by the State if it is deemed harmful to public morals.
According to the Constitution, personal laws can be overridden or supplemented by legislation if they contradict public order, morality, health, or social welfare policies. Any law, including marriage laws, must comply with the fundamental rights guaranteed under the Constitution. Polygamy infringes upon the fundamental rights of Muslim women under Articles 14, 15, and 21 of the Constitution.
Assam Polygamy: Conclusion
In summary, the Assam Government’s expert committee will thoroughly examine the legality of polygamy in the Muslim community. This step aims to ensure that personal laws align with constitutional provisions and uphold the fundamental rights of individuals. The committee’s findings will play a crucial role in shaping the future discourse on polygamy in Assam and promoting gender equality and social justice.
What is polygamy?
Polygamy refers to the practice of having multiple spouses simultaneously. It can involve a person being married to more than one partner at the same time.
Is polygamy legal in Assam?
: Polygamy is currently allowed for the Muslim community in Assam under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937.
Is polygamy allowed in any other state in India?
No, polygamy is prohibited in all other religious communities across India except for the Muslim community. The Muslim Personal Law (Shariat) Application Act, 1937, governs the law pertaining to marriage and allows polygamy for Muslims.
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