Indian Constitution empowers the Union and the States to adopt legislation on specific areas...
Digital Desk: The Assam Government recently established an expert committee to investigate the legislative authority of the Assembly to enact a law banning polygamy in the state. The committee's report, which was recently turned in to the chief minister, concluded that the state legislature has the authority to do so.
According to the expert committee's reports, the Indian Constitution empowers the Union and the States to adopt legislation on specific areas. Marriage is on the Concurrent list, which allows both the centre and the states to adopt legislation on it. The Doctrine of Repugnancy (Article 254) states that if state legislation opposes central legislation, the state law will be overruled unless it receives the prior consent of the President of India.
It further noted that Articles 25 and 26 of the Constitution provide religious freedom and the right to practice one's religion. These rights, however, are not absolute and must be balanced against public order, morality, health, and legal provisions for social welfare and reform. To be protected, religious rituals must be important and integral to the faith, according to the courts.
“Concerning 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,” the committee stated in the report.
Taking these considerations into account, the committee proposed that the state of Assam have the legislative authority to pass legislation to end polygamy.
The committee also encouraged members of the public to submit comments on the draft bill to end polygamy in Assam.
Suggestions can be sent via email to lawonpolygamy@assam.gov.in by August 30, 2023, or sent to the Principal Secretary of the Government of Assam via post or email to home.assam@gov.in.
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