The right to marry is a component of the right to life under Article 21 of the Constitution of India which states that “No person shall be deprived of his life and personal liberty except according to the procedure established by law”. In the case of Lata Singh v. State of Uttar Pradesh decided in 2006, the Supreme Court of India held that the right to marry as a component of the right to life under Article 21 of the Indian Constitution.

Polygamy is formed from two words:

The word Polygamy is made of two words “poly” and “gamos”. The word “poly,” means “many,” and “gamos,” which means “marriage.” Therefore, the word polygamy relates to marriages that are many in number. Polygamy is marriage in which either of the spouse may have more than one partner at the same time.

    Conventionally, polygamy was a situation where a man was having more than one wife — was practiced widely in India which was outlawed with the introduction of the Hindu Marriage Act, 1955.

    Polygamy is also banned under the Special Marriage Act, 1954 which allows two individuals to perform inter-religious marriages.

There are normally three types of polygamy:

ð Polygamy:-   It is the matrimonial structure in which a male individual has numerous wives. Polygamy in this form is more common or widespread.

ð Polyandry:-  It is a type of marriage in which a female has several husbands. This had been extremely uncommon occurrence.

ð Bigamy:- Having two spouses is bigamy. When one is already married additionally, the marriage continues to be valid, then marriage with someone else is known as bigamy plus the person committing this will be called bigamist.

v Prevalence of Polygamy in India has been since ancient time but as per the survey of the Government of India few of the facts have emerged such as:

    The National Family Health Survey-5 of 2019-20 showed that the prevalence of polygamy among Christians was 2.1%, among Muslims 1.9%,  among Hindus 1.3%, and among other religious groups 1.6%.

    The data showed that the highest prevalence of polygynous marriages was in the Northeastern states with tribal populations.

    A list of 40 districts with the highest polygyny rates was dominated by those with high tribal populations.

    East Jaintia Hills district of State of Meghalaya topped the list with 20% polygamy rate followed by Kra Dadi district of State of Arunachal Pradesh having 16.4% and West Jaintia Hills district of State of Meghalaya with 14.5%.

    The data also showed that among married women the polygamy was prevalent in the age group of 15-49.

    Among religious groups, polygamy was most common among “other” having 2.5% followed by Christians (2.1%), Muslims (1.9%) and Hindu (1.3%).

v Religious Laws Pertaining to Marriage in India

ð Hindus:

    The Hindu Marriage Act, which came into force in 1955 polygamy was abolished and criminalized.

    Under Section 11 of the Act states that polygamous marriages are void, the Act cautiously mandates monogamous relationships.

    Polygamy is an offence under Section 17 of the Act and Sections 494 and 495 of the Indian Penal Code, 1860.

    Since Buddhists, Jains, and Sikhs are all considered Hindus and do not have their own laws, the provisions in the Hindu Marriage Act apply to these three religious denominations as well.

ð Parsi:

    The Parsi Marriage and Divorce Act, 1936, had also outlawed bigamy and polygamy.

    Any Parsi, who has been married during his or her life, is subject to the penalties provided for by the India Penal Code for an offence to return to marriage during the lifetime of a Parsi or not, without being legally divorced by a wife or husband or having his or her previous marriage declared invalid or dissolved.

ð Muslims:

    The clauses under the ‘Muslim Personal Law Application Act (Shariat) of 1937, as construed by the All India Muslim Personal Law Board, apply to Muslims in India.

    Polygamy is not completely prohibited in Muslim legislation because it is recognised as a religious practice, hence they tend to preserve and practice it.

    It is, nevertheless, clear that if this method is determined to violate the constitution’s basic rights, it can be overturned.

    In the event of contradictions between the Indian Penal Code and personal laws, the personal laws are given preferences since it is a legal principle that a specific law supersedes the general law.

v To understand the legal position of Polygamy in India, there are Judicial pronouncements?

ð Parayankandiyal v. K. Devi & Others (1996):

    The Supreme Court held that monogamous relationships were the standard and ideology of Hindu society, which scorned and condemned a second marriage.

    Polygamy was not allowed to become a part of Hindu culture due to the influence of religion.

ð State of Bombay v. Narasu Appa Mali (1951):

    The SC held that a state legislature has the authority to enact measures for public welfare and reforms, even if it violates the Hindu religion or custom.

ð Javed & Others v. State of Haryana & Others (2003):

    The SC decided that under Article 25 freedom is subjected to social harmony, dignity, and wellness.

    Muslim law allows for the marriage of four women, but it is not compulsory.

    This will not be violating religious practice to not marry four women.

v What is the Impact of Polygamy on Indian Society and the Constitutional status?

    Polygamy has a significant impact on Indian society and has been debated for its validity from a constitutional point of view, particularly in relation to religions such as Islam and Hinduism.

    India is a secular state. No religion is considered superior or subordinate to another, and each religion is treated equally under the law.

    The Constitution of India guarantees fundamental rights to all citizens, and any legislation that conflicts with these rights is deemed unconstitutional.

    Article 13 of the Constitution of India provides that any law that contravenes Part III of the Constitution is invalid.

    In the case of R.C. Cooper v. Union of India (1970), the SC observed that the theoretical approach that the component and construct of state intervention ascertain the severity of the safeguard that an underprivileged group may purport is incompatible with the constitutional provision, which aims to provide the ordinary citizen with the broadest possible safeguards of his fundamental rights.

    Article 14 of the Constitution of India guarantees equal treatment and protection under the law to every individual within the territory of India.

    The Government is prohibited from discriminating against any person based on their religion, ethnicity, gender, or place of birth, according to Article 15(1) of the Constitution

v In Which Countries Polygamy Legal?

    Polygamy is permissible and legal exclusively for Muslims in nations such as India, Singapore, as well as Malaysia.

    Polygamy is still recognised and practiced in nations such as Algeria, Egypt, and Cameroon. These are the only areas in the world where polygamy is still legal.

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