Daily Current Affairs : 4-September-2023
In recent news, the Assam government has taken a significant step towards ending polygamy in the state. To achieve this, they have constituted a three-member panel that aims to draft a proposed law. While the move is aimed at promoting gender equality and social justice, it is also important to consider the cultural sensitivities and traditions of the tribal communities in Assam, some of whom practice polygamy.
Understanding Polygamy
Polygamy, as defined, refers to the practice of maintaining more than one spouse simultaneously. This practice has deep-rooted historical and cultural significance in various regions across India. To address the issue effectively, it is essential to delve into the data and legal aspects of polygamy in the country.
Polygamy in India: A Statistical Insight
- Government data reveals that the prevalence of polygamy in India decreased from 1.9% in 2005-06 to 1.4% in 2019-20.
- In the northeastern states like Meghalaya and Tripura, polygamy rates remain comparatively higher, with rates of 6.1% and 2%, respectively.
- Bihar, Jharkhand, West Bengal, and Odisha also have pockets where this practice persists.
- In Tamil Nadu, Telangana, Andhra Pradesh, and Chhattisgarh, polygamy is more common among Muslims than Hindus.
- In Assam, polygamy is prevalent in specific districts of the Barak Valley, Hojai, and Jamunamukh but is less common among the educated and local Muslim population.
The Legal Framework
Polygamy is addressed differently under various religious and civil laws in India:
- Criminalization of Polygamy in India: The Indian Penal Code (IPC) criminalizes bigamy (marrying someone while still being married to someone else) under Sections 494 and 495.
- Hindu Law: The Hindu Marriage Act, 1955, prohibits and criminalizes polygamous marriages among Hindus, making monogamy the only option.
- Other Religious Laws: Christians and Parsis have abolished polygamy through the Christian Marriage Act of 1872 and the Parsi Marriage and Divorce Act of 1936, respectively.
- Muslim Personal Law: Unlike Hindu personal law, the Muslim personal law permits a Muslim man to have up to four wives simultaneously, with no such provision for Muslim women.
- Global Perspective: Polygamy is illegal in many countries, including Europe, the US, China, Australia, while it remains permissible in countries like India, Singapore, and Malaysia.
Issues and Criticisms
Polygamy comes with several challenges and criticisms:
- Forced marriages and gender inequality: In regions where polygamy is common, women may be forced into marriages against their will.
- Mental health consequences: Research suggests that women in polygamous relationships often face mental health issues due to power imbalances and competition for attention.
- Physical, emotional, and sexual abuse: Polygamy is associated with higher levels of abuse, leading to negative emotions for mothers and children.
- Impact on children: Children born into polygamous families may experience adverse effects on their development.
The Way Ahead
The United Nations Human Rights Committee advocates for the abolition of polygamy in regions where it exists, citing its violation of women’s dignity and their freedom of choice. To promote gender equality and justice, it is imperative to challenge and discard archaic laws like polygamy, triple talaq, and nikah halala, which disproportionately affect Muslim women.
Important Points:
Understanding Polygamy:
- Polygamy defined as maintaining more than one spouse simultaneously.
- Polygamy rates in India decreased but remain higher in northeastern states.
- Assam has specific districts with prevalent polygamy.
The Legal Framework:
- Indian Penal Code criminalizes bigamy.
- Hindu Marriage Act, 1955, prohibits and criminalizes polygamy among Hindus.
- Other religious laws (Christian, Parsi) have abolished polygamy.
- Muslim personal law permits Muslim men to have up to four wives, but not applicable to Muslim women.
- Global perspective: Polygamy illegal in many countries but permissible in India and others.
Issues and Criticisms of Polygamy:
- Forced marriages and gender inequality concerns.
- Negative mental health consequences for women.
- Physical, emotional, and sexual abuse linked to polygamy.
- Adverse impact on children’s development in polygamous families.
The Way Ahead:
- United Nations Human Rights Committee advocates for the abolition of polygamy where it exists.
- Need to challenge and discard archaic laws like polygamy, triple talaq, and nikah halala.
- Focus on promoting gender equality and justice while respecting cultural sensitivities.
Why In News
The Assam government, recognizing the urgency of addressing polygamy, has taken a decisive step by establishing a three-member panel dedicated to crafting comprehensive legislation to put an end to polygamous practices within the State. This initiative underscores the government’s commitment to promoting gender equality and ensuring the welfare of all its citizens.
MCQs about Ending Polygamy in Assam
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What is the primary objective of the committee formed by the Assam government to draft a proposed law regarding polygamy?
A. To promote polygamy in the state.
B. To respect the cultural practices of tribal communities.
C. To ensure the rights and equality of women.
D. To enforce polygamy among all citizens.
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Which religious denomination in India permits a Muslim man to have up to four wives under their personal law?
A. Hinduism.
B. Christianity.
C. Buddhism.
D. Islam.
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What is the global perspective on the legality of polygamy mentioned in the essay?
A. Polygamy is illegal and criminalized in all countries.
B. Polygamy is permissible and legal only in India.
C. Polygamy is illegal in most Western countries but legal in some Asian nations.
D. Polygamy is illegal in some countries but legal in others, including India.
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