Is Polygamy Legal in India? A Desi Dive Into Marital Multiplicity

 Is Polygamy Legal in India? A Desi Dive Into Marital Multiplicity

Introduction 

Let’s admit it, we’ve all seen a chaotic TV drama where someone’s juggling two spouses, and somehow no one knows the other exists. It’s messy, dramatic, and a little too addictive. But once the credits roll, you might start wondering: Is this even legal in real life? Specifically, can you actually have more than one spouse in India without landing behind bars? Let’s break it down, desi-style.

Background 

India isn’t your average country when it comes to marriage laws, it’s more like a complex thali with different rules for different communities. There’s no single law that governs marriage across the board. Instead, personal laws based on religion come into play. For instance, the Hindu Marriage Act, 1955 strictly prohibits polygamy. Hindus, Sikhs, Jains, and Buddhists all fall under this law and are legally allowed only one spouse. If a married person tries to tie the knot again without divorcing their first partner, that’s bigamy, a punishable offense under Section 494 of the Indian Penal Code, carrying a jail term of up to seven years.

On the other hand, Muslim personal law in India allows a Muslim man to have up to four wives, yes, you read that right, but it comes with conditions. It’s not a green light to go wedding-hopping. The Quran advises fair treatment of all wives, which in real life, is as hard as finding a rickshaw in the rain. Moreover, modern interpretations and changing societal norms have led many Muslim men to opt for monogamy, despite the legal allowance.

Comparison 

To put things in perspective, let’s compare this with France, where polygamy is completely banned. Even though France has a sizable Muslim population, the country follows a strict secular legal system that doesn’t allow religious personal laws to override national law. In fact, France doesn’t recognize polygamous marriages at all, even if they were conducted abroad. So, a man with two wives moving from a country like India to France would legally have only one recognized spouse. The rest? Sorry, not valid.

Case Study 

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

Judicial Perspectives

Parayankandiyal v. K. Devi & Others (1996): The Supreme Court (SC) 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.

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.

Personal Opinion 

From a personal standpoint, I believe India's multi-layered marriage laws are long overdue for a revamp. Having different rules based on religion often leads to confusion, legal loopholes, and, honestly, a lot of unfairness. If the goal is equality, gender, social, or legal, then perhaps it's time we moved toward a Uniform Civil Code, where everyone is held to the same standard. Because let’s be real: most people today are struggling to manage one relationship, let alone four. 

In the end, while polygamy might sound like something out of a Mughal-era tale or a reality show plot twist, for most Indians, it’s simply not legal and where it is, it’s rarely practical. One wedding at a time, folks. That’s the law and probably also the saner option.

Closing Credit

 Author-  Prerna Batra 

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"