Uniform Civil Code precursor in Assam, ban on polygamy in the works

Tribune News Service

Aditi Tandon

New Delhi, August 6

In what is being seen as a precursor to the Uniform Civil Code agenda of the ruling party, BJP-ruled Assam is all set to enact a law to ban polygamy within the current fiscal.

Assam Chief Minister Himanta Biswa Sarma on Sunday said the anti-polygamy law would be enacted within the current financial year and may well be introduced in the Assembly session starting September 16 or in the Budget session next year.

Green signal from expert committee

A four-member expert committee set up to examine the state government’s legislative competence to enact such a law has submitted its report today and given a green signal. Himanta Biswa Sarma, Assam CM

In both cases, the determined timeline could be well before the 18th General Election in 2024. The CM said a four-member expert committee set up to examine the state government’s legislative competence to enact such a law had submitted its report today and given a green signal.

“The committee was tasked with determining if the state government can draft a law to ban polygamy. It has told us that we do have the right to enact such a law. Only the legislation would need to be sent for Presidential assent and not the assent of the Governor. We have the Assembly session from September 16 and might table the Bill in that session or in the Budget session next year... but the law will surely come into effect within the current financial year,” Sarma, said adding that the existing laws in Assam do not specify the legal age for marriages for boys and girls and the committee had suggested the state to fix minimum eligible age for marriage in the proposed law.

Importantly, even nationally there is no uniformity in marriage-related provisions across religions and such a uniformity remains the key goal of the UCC draft law discussions in Uttarakhand too.

Currently, the Hindu Marriage Act, 1955, and the Special Marriage Act prescribe 18 and 21 as the legal age for marriage of girls and boys. In the Muslim Sharia law, girls can be married at any time between adolescence and adulthood after they attain puberty; no age is specified.

The enactment of Assam’s anti-polygamy law would be in line with the BJP’s current strategy to push UCC agenda and goals through state governments with the Supreme Court making it clear that states can bring a UCC-related legislation.

BJP-ruled Uttarakhand is also contemplating a UCC legislation law with the report of an expert committee chaired by retired SC judge Ranjana Prakash Desai expected any time now. The Assam expert panel was chaired by retired Guwahati High Court judge Rumi Phukan.

Marriageable age to be fixed

• Existing laws in Assam do not specify the legal age for marriage, and a committee has suggested the state to fix minimum eligible age for marriage in the proposed law
• Even nationally, there is no uniformity in marriage related provisions across religions. The Hindu Marriage Act, 1955, and the Special Marriage Act prescribe 18 and 21 as legal age for marriage of girls and boys
• In the Muslim Sharia law, girls can be married at any time between adolescence and adulthood; no age is specified

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#Assam #BJP #Uniform Civil Code UCC