Assam Cabinet approves bill to ban polygamy, exempts tribal communities
The proposed law will also ‘not immediately apply’ to areas under the Sixth Schedule of the Constitution.
Assam Chief Minister Himanta Biswa Sarma on Sunday said that the state Cabinet has approved a bill to ban polygamy, under which those convicted may face up to seven years of imprisonment.
Speaking to reporters, the Bharatiya Janata Party leader said that the 2025 Assam Prohibition of Polygamy Bill will be tabled in the Assembly on November 25. Polygamy is the practice of having more than one wife.
The draft legislation exempts Scheduled Tribe communities, Sarma said.
It will also not “immediately” apply to areas under the Bodoland Territorial Council, the Karbi Anglong Autonomous Council and the Dima Hasao Autonomous Council under the Sixth Schedule of the Constitution. Eight out of Assam’s thirty-five districts are part of the three councils.
The Sixth Schedule guarantees protection for land and nominal autonomy for citizens in designated tribal-dominated areas.
The law will apply to everyone else in the state, the chief minister said, but added that Muslims residing in a Sixth Schedule area prior to 2005 will be exempted.
Sarma on Sunday said that the state government will also create a fund to compensate the victims of polygamy, PTI reported. “The government will help with financial support in the required cases so that no woman faces hardship in her life,” the news agency quoted him as saying.
The chief minister has for long advocated a ban on polygamy, often framing it as a practice exclusive to the Muslim community. Sarma has said the intended ban on polygamy was to empower Muslim women in the state.
Several activists, scholars and women from the community welcomed the decision to ban the practice in principle. However, many are apprehensive about it being a measure to criminalise the community.
असम कैबिनेट ने बहुविवाह की प्रथा पर रोक लगाने के लिए एक नए अधिनियम को स्वीकृति दी है।
— Himanta Biswa Sarma (@himantabiswa) November 9, 2025
नारी का अपमान करने वालों को बख्शा नहीं जाएगा। pic.twitter.com/meYgQdMuyj
Polygamy is allowed in the Muslim personal law. The practice was banned among Hindus in the 1950s through the Hindu Code Bill, which also regulates aspects such as inheritance, adoption, marriage and divorce.
The push to criminalise polygamy is also often used as a justification by Hindutva organisations to introduce a Uniform Civil Code.
The code is a common set of laws governing marriage, divorce, succession and adoption for all citizens. Currently, such personal affairs of different religious and tribal groups are based on community-specific laws, largely derived from religious scripture.
The introduction of a common personal law has long been on the BJP’s agenda and several states ruled by the Hindutva party have been taking steps towards implementing it.
In January, the Uttarakhand government implemented the Uniform Civil Code, making it the first state to do so after Independence. A common civil code has been in place in Goa since the Portuguese Civil Code was adopted in 1867.
In its campaign for the Uniform Civil Code in Uttarakhand, the BJP had mainly targeted the Muslim personal law, arguing that it discriminates against women as it allows Muslim men to practice polygamy, inherit a greater share of property, initiate divorce and deny alimony.
Legal experts have said that the code in Uttarakhand has been primarily drawn from the Hindu personal law and could lead to the erasure of the personal law practices of minority communities.