Following the Law Commission’s name for public enter on the Uniform Civil Code (UCC) and the next point out by Prime Minister Narendra Modi, a substantial quantity of commentary has been generated on the subject. Some have endorsed the UCC citing equality and gender justice. Others have criticized it saying it will not keep in mind the nation’s various socio-cultural realities. In this column, we delve into the contentious matter of polygamy, a observe that’s problematic. Polygamy, a customized entrenched in sure cultural and non secular practices, can result in critical repercussions by way of gender fairness and justice. A retired High Court Judge-led Panel in Assam has just lately beneficial Assam government to ban polygamy. Subsequently,  the media experiences counsel that Assam is planning to herald a regulation banning polygamy this monetary 12 months. 

Traditionally, polygamy has been prevalent in India. The Hindu Marriage Act, 1955, outlawed this observe for Hindus. Ditto for Sikhs, Jains, and Buddhists by means of their respective private legal guidelines. It can be forbidden beneath the Special Marriage Act, 1954, which permits inter-religious marriages. However, polygamy is permissible for Muslims beneath the Shariat Protection Act. Also, polygynous marriages are widespread in lots of tribal communities.

As a end result, there have been circumstances of individuals changing to Islam to remarry with out the authorized dissolution of their first marriage. The Supreme Court declared such conversions solely for the aim of a second marriage as invalid within the 1994 Sarla Mudgal verdict.

The verdict was reiterated within the case of Lily Thomas v. Union of India. These judgements have aimed to forestall the misuse of spiritual freedom to bypass legal guidelines in opposition to polygamy, emphasizing that the authorized dissolution of the primary marriage is critical previous to conversion and remarriage.

However, this strategy presents complicated social and authorized challenges. It is the second spouse and youngsters born from such marriages that bear the brunt of this injustice. It turns into tough for them to train their rights to upkeep and inheritance.

Thus, such conversions for remarriage are inclined to create authorized ambiguities and may result in social and familial strife.

In March 2023, nevertheless, a bench comprising Chief Justice DY Chandrachud, Justices PS Narasimha and JB Pardiwala was requested by Ashwini Upadhyay to listen to circumstances on the constitutionality of polygamy and nikah halala. To which, the Chief Justice responded: “I will consider it. At an appropriate stage, I will constitute a Constitution bench”. The courtroom’s determination to reexamine the validity of polygamy may be seen as a part of its broader dedication to selling gender equality and defending the rights of girls.

Polygamy has been topic to feminist criticism attributable to its implications for gender inequality and the subjugation of girls. Feminist students argue that polygamy perpetuates patriarchal energy constructions. At the identical time, it additionally reinforces the unequal remedy of girls inside marriage and the household. Some students contend that polygamy permits males to have a number of wives, whereas girls are restricted to 1 husband, leading to an influence imbalance and the unequal distribution of sources. This energy imbalance is exacerbated by societal norms. Such norms usually burden girls with extra household tasks than males, even after they search work exterior the house.

A research from Emory University famous elevated ranges of violence towards girls and youngsters in polygamous relationships, and that abuse can come from each husbands and co-wives. As India strives for social concord and unity amidst its various spiritual and cultural practices, it’s essential to advertise practices that uphold the rules of equality and justice. Polygamy, significantly when it is related to spiritual conversion solely for the aim of a second marriage.

There can be a necessity to focus on the financial dependency of girls on their husbands, which might result in vulnerability, exploitation, and worry of divorce. The a number of wives usually are solely economically depending on their husbands. As a end result, this limits their autonomy and company inside the marriage. This financial dependency perpetuates gender inequalities and restricts girls’s skill to make unbiased selections.

Feminist students argue that polygamy reinforces the notion of girls as unequal to males and perpetuates the subjugation of girls. Polygamy additionally disempowers girls of their sexual relationships and displays a tradition of misogyny. It is considered as a type of male privilege and management over girls’s lives.

But regardless of being practised by some teams, polygamy shouldn’t be widespread in India, in accordance with the National Family Health Survey-5. The prevalence of polygamy was 2.1% amongst Christians, 1.9% amongst Muslims, 1.3% amongst Hindus, and 1.6% amongst different spiritual teams. These low prevalence charges point out a normal societal transfer away from this observe, suggesting {that a} ban could also be in step with evolving social attitudes.

Drawing upon the philosophical frameworks supplied by the likes of John Stuart Mill and Simone de Beauvoir, the dialogue of particular person liberty and equality highlights the troubling dimensions of polygamy. Mill, a staunch proponent of particular person freedom, argued that such freedom is just restricted when it begins to hurt others, which may be seen within the observe of polygamy that inherently generates hurt by means of energy imbalances and gender inequity. Simon de Beauvoir’s feminist philosophy advocates the liberation of girls from oppressive societal constructions, clearly opposing programs like polygamy that diminish girls’s company.

The financial, psychological, and social ramifications of polygamy additional underscore these inequities, making a precarious and unjust state of affairs for ladies. The views of latest students, the societal pattern away from polygamy, and the potential unfavorable influence all affirm the need of a ban. As we collectively attempt for an equitable society, it’s important to reassess practices akin to polygamy that impede such progress and proceed to subvert the precept of equal rights. Outlawing polygamy wouldn’t solely uphold the societal march in direction of equality and justice however would additionally resonate with the philosophical underpinnings of freedom, fairness, and respect for all people.

(Bibek Debroy is the Chairman, Economic Advisory Council to the Prime Minister (EAC-PM) & Aditya Sinha is Additional Private Secretary (Policy & Research), EAC-PM.)

Disclaimer: These are the private opinions of the authors.