Is Polygamy Legal in India?

It is fascinating how traditions, customs, and laws intertwine to shape the societal fabric in a country this diverse and rich in culture like India. While monogamy has long been the norm in modern Indian society, polygamy, the practice of having multiple spouses simultaneously, has an intriguing history deeply rooted in ancient traditions. However, when it comes to its legality, the question arises: Is polygamy legal in India?

In this article, we will discuss the legality of polygamy, the difference between monogamy, and polygamy- bigamy, polyandry, and polygyny. Let's get started.

What is Polygamy?

Polygamy has been associated for ages with mankind. Monogamy got the initiative over polygamy only around 10 thousand years back. Many communities have tolerated it and continue doing so. As of this moment, some nations, primarily Islamic, recognize polygamous relations, while others have declared it null and void, plus some jurisdictions, such as India, exclusively allow Muslims to practice polygamy. 

Polygamy comes from two words: “poly,” which means “many,” and “gamos,” which means “marriage.” As a result, polygamy relates to marriages that are several. It comes down through the Greek word “polgamos,” which means “often marrying.” Polygamy is thought of as “the act or custom of maintaining one or more spouses at the same time.” 

Types of Polygamy

Polygamy is divided into three types such as polygyny, polyandry, and group marriage.

1. Polygyny

It is the matrimonial structure in which a male individual has numerous wives. Polygamy in this form is more common or widespread. This method was also imitated by others with significant influence and power. Marriage typically came with additional riches, territory, and titles, so it was a method order for them to consolidate and enforce their influence. 

2. Polyandry

It is a type of marriage in which a female has several husbands. Nevertheless, this can be an extremely uncommon occurrence. Polyandry is not at all like polygyny with regards to legal standing. A man’s marriage to numerous women is incredibly common, but a female’s marriage to multiple men is frowned upon. 

3. 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. The difference between bigamy and polygamy is that in bigamy, the two or more spouses are unaware of each other whereas; in cases of polygamy, two or more spouses are aware of each other's union to the spouse. 

Let's understand the difference in detail:

Bigamy vs. Polygamy

Is Polygamy Legal in India?

We have discussed what polygamy is and what is the positioning of these practices polygamy was quite definitely an integral part of society together with no legal binding. People used to practice polygamy freely. The laws prevailing at that right time are not harsh or strict about polygamy. Thus, people used to practice polygamy without the anxiety about punishment.

However, in India, the career of polygamy continues. While a lot of people look at the practice of polygamy as illegal. Thus, the practice of polygamy in India varies from religion to religion. The punishment specified in articles 494 and 495 is relevant. However, it is really rare in today’s world that the first spouse doesn't have any objection.

Landmark Cases on Polygamy

1. Parayan Kandiyal Vs  K. Devi & Others (1996)

After considering many resources on Hindu law, the Honorable Supreme Court concluded in this instance that monogamous relationships were the conventional and ideology of Hindu society, which scorned and condemned a moment marriage. Polygamy was not allowed to become a right part of Hindu culture due to the influence of religion. The Court also noted that some persons benefit from perhaps the tiniest of legal privileges and that, at this point, the government should part of to discipline behavior that is such.

2. 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 discriminative in this case. The Supreme Court ruled that a continuing state legislature can enact measures for public welfare and reforms just because it violates the Hindu religion or custom. The Court ruled it was as much as the Legislature to decide whether or not Mohammedans must certainly be excluded from the purview of the challenged Act. It is not necessary to implement a reform in a single stage. 

3. Veena Rani vs Jagdish Mitter Malhan (1989)

For some classes of people, and under certain circumstances, polygamy was permissible. With time, changes in society were abrogated. The concept of monogamy was highlighted, and polygamy was frowned at. The status of the institution of marriage

Countries where polygamy is Legal 

Polygamy is still practiced in several regions and jurisdictions. Having many spouses is not prohibited and does not bring about any penalties or sanctions. The majority of these rules and practices are found in Muslim countries because of their personal laws. Polygamy is still lawful and legal according to their tradition and domestic legislation.

Polygamy is permissible and legal exclusively for Muslims in nations such as India, Singapore, along with Malaysia. these are the only countries where polygamy is still legal. Polygamy is considered as a curse by Muslim women. Women also have no right to speak up against the spouse in this case, regardless if he could be married when it comes to the second or third time. 

As a result, we can observe that polygamy regulations vary depending on a person’s gender within a single faith. Polygamy is not a preferred lifestyle choice.

Punishment for polygamy in India?

Somebody who is held responsible for committing the polygamy offense is punished under Section 494 of the Indian Penal Code, 1860. The punishment includes imprisonment for a period that is a maximum of 1 year, a fine, or both.  

Conclusion 

Polygamy has existed long in Indian society, and even though we can find laws, it's still practiced in a few areas. Polygamy was considered taboo by Hindu Law even in earlier civilizations and was just authorized in restricted conditions. Muslim law, on the reverse side end, enables a man to possess four wives, though it is not essential for a Muslim man to do this. Hence Polygamy became a prestige statement, and it has also been prevalent in one of several poorer layers of society.

FAQs on the Legality of Polygamy 

1. What is the Constitutional validity of Polygamy in India?

The practice of Polygamy has been widely used in the earlier time. However, The Hindu Marriage Act of 1955 did outlaw this practice. The Special Marriage Act allows inter-religious marriages, but it prohibits polygamy.

2. Why is Polygamy illegal in India?

There could be various reasons for the illegality of Polygamy in India, like Gender inequality, Discrimination against women, Family instability, Societal unrest, and violation of Constitutional principles.

3. What are the legal consequences of Polygamy?

Polygamy in India attracts various kinds of legal consequences, such as a punishment of imprisonment of up to 1 year. It can be considered a ground for Divorce and can attract penalties per the case's circumstances.

4. How do Muslim Personal Laws regulate Polygamy?

Polygamy is permitted under the Muslim Personal Law; however, there are certain conditions. A Muslim man is allowed to marry up to four wives provided that he shall treat them equally and fulfill certain requirements like obtaining permission to marry another woman.

What is your opinion about the Legality of Polygamy in India?