By Hemant Sharma Polygamy means when a person has more than one wife at the same time. In India the legality of polygamy is significantly affected by religion and geography, resulting in the lack of a specific, universal ordinance applicable to all citizens. The law varies for different religions and regions. Hindus, Sikhs, Jains, Buddhists and a lot of other groups Polygamy is against the law for people who follow religions like Hinduism, Sikhism, Jainism, and Buddhism. The 1955 Hindu Marriage Act says that you can’t get married twice if your previous wife is still living with you. If you break this rules then you could be charged with a criminal proceeding under Indian Penal Code (IPC) Sections 494 and 495.
Additionally the Indian Christian Marriage Act of 1872 and the Parsi Marriage and Divorce Act of 1936 declared polygamy or bigamy illegal for Christians and Zoroastrians.
Muslims:
As per the Muslim Personal Law Application Act, 1937 says that polygamy is legal for Muslims. A Muslim man can have up to four wives at once. But there are some rules that come with this permission, the man must be able to treat and care for all of his wives fairly.
It’s essential to remember that Indian courts have said that polygamy is not an essential feature of religion under the constitution. This means that the state can regulate it and in theory legal reforms might limit or even ban it.
Special Case: Goa and Tribal/Customary Laws
In some tribal groups, customary or regional laws may not be the same. The Goa Civil law regulates the people of Goa. It has its own norms, and in the past, local customs may have allowed polygamy or bigamy under specific conditions.
In some northern tribal tribes, traditional rules may permit many wives but these customs are separate from prevailing personal laws.
Why the Exception for Muslims?
The variations in polygamy laws between religious groups in India is because of the India’s plural system of personal laws. Every religion has its own marriage laws instead of a single set of rules.
Many religions have made changes to their laws to allow only one wife as the Hindu Marriage Act (1955) or laws for Christians and Parsis that were passed before that. However, Muslim personal law still allowing for up to four wives as it did in classical Islam.
Indian courts have decided that actions like polygamy are not required religious practices protected by the constitution. This implies that the government can modify or eliminate of them to promote social reform and equality.
Arguments and Social Truth:
Polygamy is still remains legal in some communities but it is has become very rare. Surveys indicate that the polygamy is not very familiar in India and is become less common over time.
Critics say that polygamy keeps gender inequality going, which usually harms women in social, economical and emotional ways.
For many the fact that only men are still allowed to have more than one wife creates problems about equality and fairness. This has triggered the discussions about whether India should have a single civil law for all religions or not.
Conclusion:
In short polygamy is mainly against the Indian law but there are a few exemptions to specific personal laws. The law says that if you are a Hindu, Sikh, Jain, Buddhist, Christian or Parsi then you can’t get married more than once.
As per the Muslim personal law a man can legally have up to four wives at the same time. However this is permitted under certain terms & conditions and it is still a matter of legal, social, and constitutional discussion.
Because of evolving social customs and voices arguing for equality and gender justice, polygamy is still a controversial topic in India. Lots of people want to see changes in it, which would make marriage laws very fair and uniform for all religions.