Guwahati, August 21: The Government of Assam has issued a public notice seeking suggestions from members of the public on the proposed law to ban polygamy in the state.
Notably, the state government had constituted an expert committee to study the legislative competence of the state Assembly to enact a law banning polygamy in the state.
The committee had earlier this month submitted its report to the chief minister recommending that the state legislature is competent to enact a law to ban polygamy.
“Members of the public are now invited to share their suggestions on the proposed law to ban polygamy in the state of Assam,” the public notice read.
“The suggestions can be sent by August 30, 2023 through email to [email protected] or submitted to the principal secretary (home and political department), Assam Secretariat, either through post or through email to [email protected],” it stated.
In its executive summary, the expert committee stated that the “Indian Constitution grants the Union and the states the authority to enact legislation on certain subjects. “Marriage” falls under the Concurrent List, enabling both the Centre and the states to pass laws on it. The Doctrine of Repugnancy (Article 254) stipulates that if a state legislation contradicts a central legislation, the state law will be overridden unless it received the prior assent of the President of India.”
“Articles 25 and 26 of the Constitution provide freedom of conscience and the right to practice religion. However, these rights are not absolute and are subject to public order, morality, health and legislative provisions for social welfare and reform. The courts have clarified that religious practices must be essential and integral to the religion to receive protection,” the expert panel stated in its report.
“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 practice religion and is within the scope of “social welfare and reform”. Hence, laws favouring monogamy do not violate Article 25,” it stated.
“Considering these principles, the state of Assam would have the legislative competence to enact a state legislature to end polygamy,” the committee stated in its report.
IANS