Guwahati (Assam) [India], November 25 : Assam Chief Minister Dr Himanta Biswa Sarma, on Tuesday, on the first day of the winter session of the Assam Legislative Assembly, laid "The Assam Prohibition of Polygamy Bill, 2025" in the state assembly, which proposes strict penalties for entering into or hiding a second marriage while the first is still valid.
The Assam Prohibition of Polygamy Bill, 2025, is aimed at prohibiting and eliminating practices of polygamy and polygamous marriage in the state of Assam and matters connected therewith and incidental thereto.
The draft law will apply across the state, except in Sixth Schedule areas, and to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366, read with Article 342 of the Constitution of India.
"No person shall marry, if, he has a living spouse or he is not legally separated from the other spouse following due procedure of law, after marriage, or he is a party to a marriage which is not yet dissolved or annulled by a decree of divorce and either has right to appeal or the specified time for appeal has not been expired or is in appeal, or the appeal has been presented but has not yet been dismissed," said in the bill.
"Whoever abets any offences punishable under this Act or attempts to commit any such offence shall be punishable with the punishment as provided under the Act for the offence of polygamy. Whoever, during the lifetime of his or her spouse or during subsistence of a valid marriage or without having been lawfully divorced from the spouse, or without having been declared the marriage null and void or dissolved, contracts a marriage contravening any of the provisions contained in the Act under Section 4 shall be guilty of an offence punishable with imprisonment upto 7 years and a fine," the bill read further.
"Whoever commits the same offence under sub-section (1) with concealment of the former marriage from the person with whom the subsequent marriage is contracted shall be guilty of an offence punishable with imprisonment for 10 years and fine. Whoever, after conviction of an offence under this Act, commits the said offence again under this Act shall be punishable with double the punishment provided for such offence for any subsequent offence. The Gaonburah, Village Head, Quazi, parents or the legal guardians of the contracting party of the polygamous marriage, shall if, dishonestly or fraudulently hides, and intentionally takes part in the performance or solemnization of polygamous marriage, shall be punished with imprisonment which may extend to two years and shall be liable to a fine which may be extended upto Rs 1 lakh.
"Any priest or Quazi knowingly and willingly solemnising any marriage contrary to the provision of Section 4 shall on conviction thereof, be punished with imprisonment for a term which may extend upto two years or with a fine which may extend upto Rs 1.5 lakh," said the bill.
It also stated that, "Any person who a court of law has convicted under this Act, shall not be entitled for any public employment and appointment, funded or aided by the Government of Assam, cannot receive or claim benefits under any scheme funded or aided by the Government of Assam, cannot contest in any election in the State of Assam for Panchayati Raj Institutions, Urban Local Bodies (Municipalities) and any other such elections."
The draft law has also proposed compensation to the victim.