In a decisive move during the winter session, the Assam Assembly has approved The Assam Prohibition of Polygamy Bill, 2025, which criminalises entering into a second marriage while the first marriage is still subsisting. The measure prescribes a minimum jail term of seven years and a maximum of ten years, in addition to a substantial fine, for anyone found guilty under the law.
The bill was tabled and introduced by Chief Minister Himanta Biswa Sarma and received majority support from the ruling party and other MLAs. According to the government, the legislation aims to prohibit polygamy across the state and to uphold legal and ethical standards in marital relationships.
Provisions and Scope
The principal provisions of the bill state that no person — male or female — may contract a second marriage while their first marriage is legally in force. If an individual enters into a subsequent marriage without obtaining a legal dissolution (divorce) of the first, they will face prosecution under this Act.
Penalties laid out in the bill include imprisonment ranging from seven to ten years and the imposition of a significant financial penalty. The bill is framed to apply uniformly to individuals of all religious backgrounds residing in Assam.
However, the law expressly exempts certain tribal communities governed by the Sixth Schedule of the Indian Constitution, recognising customary and special arrangements that apply to those autonomous districts.
Statement from the Chief Minister
Political and Legal Implications
Legal experts and civil society will likely scrutinise the bill in the coming days for its constitutional compatibility and practical implications, particularly with respect to marriage laws that have both personal law and public policy dimensions. The exemption for Sixth Schedule tribal areas acknowledges the delicate balance between uniform statutory law and tribal customary autonomy.
Once the bill receives any remaining formal approvals and the required assent, it will be notified and come into force. If enacted, Assam will have one of the stricter statutory regimes in India addressing polygamous marriages contracted without ending an earlier marriage.
