Polygamy ban draft law: Assam CM invites public to offer opinions by August 30 | India News

NEW DELHI: The Assam government on Monday invited public opinion on a proposed law to end polygamy in the state.
Sharing the government notice on X (formerly Twitter), chief minister Himanta Biswa Sarma urged citizens to send their suggestions.

The notice, published by the principal secretary of the home department, requested the people to send their opinion by August 30 through email or post.
Assam can change law: Notice
An expert committee formed by the state to study the legislative competence of the Assembly to enact a law banning polygamy, has said in its report: “With respect to Islam, the courts have held that having more than one wife is not an essential part of the religion. Legislation limiting the number of wives does not interfere with the right to practice religion and is within the scope of ‘social welfare and reform’. Hence, laws favouring monogamy do not violate Article 25.”

Sharing the executive summary of the report, the public notice stated that marriage falls under the Concurrent List, enabling both the Centre and states to pass laws on it. “The Doctrine of Repugnancy (Article 254) stipulates that if a state legislation contradicts a central legislation, the state law will be overridden unless it received the prior assent of the President of India,” it added.
Quoting the report, the notice mentioned that freedom of conscience and the right to practice religion under Article 25 and 26 of the Constitution are “not absolute and are subject to public order, morality, health and legislative provisions for social welfare and reform”.
The courts have clarified that religious practices must be essential and integral to the religion to receive protection, it added.
“Considering these principles, the State of Assam would have the legislative competence to enact a state legislature to end polygamy,” it added.
(With inputs from agencies)