Madhya Pradesh Chief Minister Mohan Yadav has talked about making a law against double marriage in the state. Only after this statement of his, the issue of polygamy has once again come into discussion across the country. He said that when there is one country, one constitution, one symbol, then why should Hindu law be different and Muslim law be different? There should be one law for all. If Ram marries once, why should Rahim marry two, three or four? Only the one who marries will get the right to live in the state.
Actually, the state government is preparing to introduce the UCC Bill in the monsoon session starting from July 20. In this, there is a proposal to make uniform laws regarding marriage, divorce, maintenance, inheritance and registration of live-in relationships. Tribal communities and some nomadic castes will be kept out of the scope of this proposed UCC. But the question is whether even in today’s modern era, people in India are doing more than one marriage. Even if they are doing it, it is limited to which religion, caste, community. Also, what are the provisions regarding prevention in the current law of the country?
Are the cases of having more than one wife increasing or decreasing in India?
According to the National Family Health Survey, the practice of having more than one wife is very less in India. Even if it exists somewhere, it is continuously declining there too. According to the NFHS-3 report, there were 1.9 percent cases of polygamy in the country till 2005-06. According to NFHS-4, it decreased to 1.7 percent in 2015-16. Then, according to NFHS-5, it came down to 1.4 percent in 2019-21.
What are the statistics of polygamy zone wise?
According to the NFHS-5 (2019-21) based report of IIPS, the highest rate of polygamy in India is in the north-eastern states at 2.6%. This was followed by 2.0% polygamy in South India, 1.5% in Central India, 1.3% in Eastern India and 1.1% in Western India. At the same time, its rate in North India was lowest, only 0.8%. NFHS-5 data shows that the practice of polygamy is highest in North-East India.
At the same time, if we look at it on the basis of religion, the NFHS-5 report shows that the rate of having more than one wife among Christians was about 2.1 percent, among Muslims 1.9 percent and among Hindus 1.3 percent. At the same time, the rate of polygamy in other religions other than these three religions is 2.5 percent. If we look at the data on the basis of caste, then according to NFHS-5, the rate of polygamy is 2.4% in Scheduled Tribe, 1.5% in Scheduled Caste, 1.3% in OBC, 1.2% in others i.e. General and other castes.
Which state has the highest percentage of polygamy?
- Meghalaya- 6.1%
- Mizoram-4.1%
- Sikkim -3.9%
- Arunachal Pradesh -3.7%
In which districts is polygamy prevalent?
- East Jaintia Hills-20%
- Kra Dadi -16.4%
- West Jayantiha Hills- 14.5%
- West Khasi Hills- 10.9%
What did Madhya Pradesh High Court say about polygamy?
According to the International Institute of Population Science, polygamy was found more in rural areas than in urban areas. Its number has been higher in poor and less educated families. Due to changes with time, it is continuously decreasing in the new generation. At present, there are instances of polygamy in some tribal communities due to traditional customs. This situation has been seen in many tribal communities in Madhya Pradesh also.
However, Madhya Pradesh High Court had said in one of its decisions that merely being a Scheduled Tribe does not give the right to polygamy. If any community claims this exemption, it will have to provide proof of its valid traditions and customs. At present, it is illegal and punishable for Hindu, Sikh, Jain and Buddhist communities to have a second marriage within the first marriage.
However, under Muslim personal law, Muslim men are allowed to have more than one marriage with certain conditions. This is the reason why Madhya Pradesh High Court in one of its decisions had said that the second marriage of a Muslim man cannot be considered a crime under Section 494 of the IPC.
These questions are standing before the government regarding the law against bigamy
Madhya Pradesh CM Mohan Yadav is preparing to present the UCC Bill in the monsoon session starting from July 20. There will also be a law on polygamy in this. Regarding this law, the government will have to clarify on which communities it will be implemented. Will there be a separate provision for the traditional practices of tribal communities? How will the government harmonize this law with Muslim personal law? The biggest question is that if this bill is implemented, what will be the impact on the politics of the state as well as the politics of the country. Apart from this, how much and what pressure will there be on other states.
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