Polygamy in India

Introduction 

Polygamy comes from two words: “poly,” which means “many,” and “gamos,” which means “marriage.” As a result, polygamy relates to marriages that are several. 

• Thus, polygamy is marriage in which a spouse of either sex may have more than one mate at the same time. 
• Traditionally, polygamy — mainly the situation of a man having more than one wife — was practiced widely in India. The Hindu Marriage Act, 1955 outlawed the practice. 
• The Special Marriage Act (SMA), 1954 allows individuals to perform inter-religious marriages, but it forbids polygamy. 

Types of Polygamy

Polygyny: 

• It is the matrimonial structure in which a male individual has numerous wives. Polygamy in this form is more common or widespread. 
• Monarchs and emperors in the Indus Valley Civilisation were believed to have several wives. 

Polyandry: 

• It is a type of marriage in which a female has several husbands. 
• Nevertheless, this can be an extremely uncommon occurrence.

Bigamy: 

• When one is already married additionally, the marriage continues to be valid, then married with someone else is known as bigamy plus the person committing this will be called bigamist. 
• It is considered a criminal offense in many countries, including India. In other words, it is the act of entering into a marriage with someone else while still being in a valid marriage with another person.

Various Religious Laws Pertaining to Marriage in India 

Hindus: 

• The Hindu Marriage Act, which came into effect in 1955, made it clear that Hindu polygamy would be abolished and criminalized. 
• Under Section 11 Act, which states that polygamous marriages are void, the Act cautiously mandates monogamous relationships. 
• When someone performs it, they are punished under Section 17 of the very same Act, as well as provisions of the Indian Penal Code, 1860 (Now BNS). 
• Because 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. 

Parsi: 

• The Parsi Marriage and Divorce Act, 1936, had already outlawed bigamy. 
• 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. 

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 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. 
  • When there is a disagreement between the Indian Penal Code and personal laws, the personal laws are implemented since it is a legal principle that a specific law supersedes the general law.

Judicial Perspectives Related to Polygamy 

• Parayankandiyal v. K. Devi & Others (1996): 
  • The Supreme Court concluded 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. 
• State of Bombay v. Narasu Appa Mali (1951): 
  • The Bombay High Court ruled that the Bombay (Prevention of Hindu Bigamy Marriage) Act, 1946 was not discriminatory. 
  • The SC ruled that a state legislature has the authority to enact measures for public welfare and reforms, even if it violates the Hindu religion or custom. 
• 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.

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.

Conclusion 

It is true that polygamy has existed in Indian society for a long time, and while it is now illegal, it is still practiced in some areas.The practice of polygamy is not unique to any one religion or culture and has been justified in the past for various reasons.However, as society has evolved, the justifications for polygamy are no longer valid, and the practice should be abandoned.