Polygamy and Marriage Laws in India

Polygamy, the practice of having more than one spouse simultaneously, is a subject that stirs considerable debate and raises complex legal, social, and moral questions. In India, polygamy has been historically accepted in various forms, but with the advent of modern legal frameworks, it has become an increasingly contentious issue. 

While polygamy is largely outlawed in India, there are significant variations in how it is treated across different religious groups and regions. This article provides a detailed analysis of the practice of polygamy in India, tracing its historical roots, legal developments, and contemporary challenges.

Historical Context of Polygamy in India

In ancient India, polygamy was a common practice, especially among the aristocracy, royal families, and rulers. The kings and emperors often had multiple wives, both for political reasons and to strengthen alliances with other kingdoms. It was not unusual for wealthy individuals and rulers to have several wives. For instance, figures like Maharaja Bhupinder Singh of Patiala, Fateh Singh of Udaipur, and wealthy businessmen like Ramkrishna Dalmia had multiple wives.

Despite this, polygamy was not considered a major cultural norm for the general population. The practice was largely limited to the elite, and there was no legal framework specifically governing polygamous marriages. In fact, it was often seen as a symbol of status and power rather than a widespread societal practice. The social acceptance of polygamy was further bolstered by the fact that Indian religions, such as Hinduism, Islam, and others, did not have strong prohibitions against it.

Under British colonial rule, Muslim provinces in India were allowed to practice polygamy, as it was part of the Islamic personal law. This was seen as an extension of the policy of respecting local customs, even when they conflicted with British laws. The most well-known instance of polygamy under British rule was Maharaja Ranjit Singh, whose cremation in 1839 was marked by the practice of sati by his four wives and seven concubines.

Legal Framework Governing Polygamy in India

Polygamy in India, while once common, has been gradually outlawed through a series of legal reforms. These reforms are largely reflective of the changing attitudes towards gender equality, monogamy, and individual rights in the modern world.

The Penal Code and Early Legislation

The legal treatment of polygamy in India can be traced back to the Indian Penal Code (IPC) of 1860. Under Sections 494 and 495 of the IPC, polygamy was prohibited for Christians. The law stated that any individual who married while their spouse was still alive could be charged with bigamy, which was a punishable offence. The IPC thus provided the first major legal framework to address polygamy for a specific religious community in India.

However, it wasn’t until the enactment of the Hindu Marriage Act (HMA) in 1955 that polygamy was explicitly prohibited for Hindus, Buddhists, Jains, and Sikhs. The Hindu Marriage Act applied to all Hindus, regardless of their region or sect, and made it illegal for a Hindu to marry another person while their spouse was still living. A marriage contracted in violation of this law was declared void, and the individual committing bigamy could be subjected to punishment under Section 494 of the IPC.

In 1956, the practice of polygamy was effectively abolished for Hindus. The law ensured that anyone marrying a second time, while their first spouse was still alive, would face legal consequences. However, certain regions in India, such as Goa and parts of the western coast, still permit bigamy under local laws.

The Muslim Personal Law (Shariat) Application Act, 1937

While the practice of polygamy was outlawed for Hindus, it remained legal for Muslims in India. This is largely because the Muslim Personal Law (Shariat) Application Act, 1937, governs marriage and family matters for Muslims in India. Under this law, Muslim men are allowed to have up to four wives simultaneously, provided they adhere to specific conditions outlined in the Quran, which include fair and equal treatment of each wife.

Polygamy is thus an integral part of Muslim personal law in India. However, the law also stipulates that a man must treat all his wives equally and fairly. This means that if a man cannot treat all his wives with equality, he is not permitted to marry more than one. The legal framework governing Muslim marriages allows polygamy but emphasises responsibility and fairness in such unions.

Judicial Interventions on Polygamy

Over the years, various judicial pronouncements have shaped the legal understanding of polygamy in India. A landmark judgment came in February 2015 when the Supreme Court of India ruled that polygamy is not a “fundamental” part of the Muslim religion. The Court held that monogamy is a reform that is well within the power of the State to enact under Article 25 of the Indian Constitution, which guarantees the freedom of religion. The judgment essentially implied that if the State wished, it could impose monogamy on Muslim men, as the practice of polygamy was not essential to the Islamic faith.

This judicial decision was significant as it opened the door for future reforms. The Supreme Court’s stance acknowledged the need to balance religious practices with the broader principles of gender equality and fundamental human rights.

Polygamy in Contemporary India

In modern India, the practice of polygamy is largely limited to specific religious and regional communities. While polygamy is not widespread, certain areas continue to exhibit a degree of tolerance for the practice, especially among specific religious sects.

Polygamy Among Hindus

Although polygamy is technically illegal for Hindus under the Hindu Marriage Act of 1955, there are reports of polygamy being accepted in some rural areas of India. In these areas, it is sometimes tolerated with the approval of earlier wives. The 2005-06 National Family Health Survey (NFHS-3) found that about 2% of women reported that their husbands had other wives. In such cases, childlessness in the first marriage is often a key factor leading to the decision to take a second wife.

The practice of polygamy in rural areas is often informal, as the law does not recognise the second wife as a legitimate spouse. In these cases, the second wife is often regarded as a “mistress,” though socially and religiously, she may be treated as a wife. This discrepancy between legal recognition and social practice highlights the challenges of enforcing marriage laws uniformly across diverse regions and communities.

Polygamy in Mizoram

A notable regional exception to the general ban on polygamy exists in Mizoram. The Christian sect known as “Lalpa Kohhran Thar” practices polygamy, particularly among its leadership. The practice began in the mid-20th century with the sect’s leader Chana, who had seven wives. His son, Ziona, became the most well-known polygamist, marrying 38 women and fathering 89 children. However, this practice is not widespread; it is limited to the leaders and elite members of the sect who can afford to support multiple wives.

The sect follows a unique system in which polygamy is allowed only if the man can financially support his wives. This is determined by the priests, and the practice is not open to all men within the community. Therefore, polygamy in Mizoram is not as common as it might seem, as only a few individuals meet the strict economic criteria set by the religious community.

Conclusion

Polygamy in India, though largely outlawed, remains a significant issue, especially in certain religious and regional communities. While the practice is illegal for Hindus and Christians, it continues to be permitted for Muslims under their personal law. The legal developments over the years have sought to strike a balance between religious freedom and the rights of individuals, particularly women, to live in equality.