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Home Hot Topic Assam Forms Panel to Draft Anti-Polygamy Law

Assam Forms Panel to Draft Anti-Polygamy Law

by Cecilia

The Assam government has taken steps to draft a new law aimed at ending polygamy in the state. Chief Minister Himanta Biswa Sarma announced the formation of a three-member committee tasked with drafting the proposed anti-polygamy legislation.

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The committee comprises Advocate-General Devajit Saikia, Legal Remembrancer Kuntal Sharma Pathak, and Director-General of Police Gyanendra Pratap Singh.

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Sarma explained that the government had initially established a committee led by former Gauhati High Court judge, Justice Rumi Phookan (retd.), to assess the legal authority of the State legislature to enact anti-polygamy legislation. The committee, chaired by Justice Phookan, affirmed the government’s right to pursue such a law.

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The Assam government had sought public input on the proposed anti-polygamy legislation, and the response was largely in favor of the initiative. Out of the 149 individuals and organizations that participated, 146 supported the move, while three opposed it.

The government has now entrusted the new three-member committee with the task of drafting the proposed anti-polygamy law, aligning with a pre-2021 Assembly election promise to eradicate the practice of polygamy and address concerns related to “love jihad.”

Sarma expressed optimism that the committee would complete the draft within 45 days, with the aim of introducing an anti-polygamy Bill in the 126-member Assembly when it convenes in December.

The previous Justice Phookan-led panel examined the provisions of the Muslim Personal Law (Shariat) Act, 1937, and Article 25 of the Constitution of India concerning the Directive Principles of State Policy, with a focus on the establishment of a uniform civil code.

Chief Minister Sarma had previously noted a high incidence of polygamy in southern Assam’s Barak Valley and central Assam’s Jamunamukh and Hojai regions, which have significant Bengali-speaking Muslim populations. In contrast, there were few cases of polygamy among indigenous Muslims and other educated segments of the population.

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