Why is it in the News?

The Uttarakhand Legislative Assembly recently passed the Uniform Civil Code (UCC) Bill, 2024 after a two-day discussion. The Bill brings uniformity in personal laws, governing things such as marriage, divorce, and inheritance, across communities in the state (excluding tribals).

What is Polygamy?

• Polygamy involves the practice of having multiple spouses simultaneously, which can include either wives or husbands.
• It manifests in two primary forms:
  • Polygyny, where a man is married to several women concurrently, and
  • Polyandry, where a woman is married to multiple men concurrently.

Who can have "multiple wives"?

• Under Hindu law, which applies to Hindus, Sikhs, Jains, and Buddhists, the practice of polygamy is prohibited.
  • Individuals governed by Hindu law can face criminal proceedings under Sections 494 and 495 of the Indian Penal Code.
  • The Special Marriage Act, as well as Christian and Parsi laws, also outlaw bigamy.
• However, the Shariat Protection Act exempts Muslims in India from the ban on polygamy.
  • Additionally, due to the protection granted to cultural practices of scheduled tribes, polygynous marriages can be found in tribal groups across northeastern states, Odisha, Telangana, and other regions.
• Courts have had to face cases where a man converted to Islam from other religions to marry a second wife.
  • While the Supreme Court, in its 1994 Sarla Mudgal verdict, declared that conversion solely for a second marriage is invalid, the Law Commission reports from 1961 and 2009 have emphasized the need to clarify the legal position of the "second wife" in a converted Muslim marriage and address the rights of any children born from such a union.

What does the data say?

• Government data on polygamy can be obtained from two main sources — the decadal census and the National Family Health Survey (NFHS). Both have certain limitations.
• The census does not directly collect data on polygamy.
  • Rather its incidence is inferred from the difference in the number of married men and the number of married women in the country.
    • More married women than men point to the prevalence of situations where men have married more than once.

What does the census data say?

• According to the census of 2011, there are 28.65 crore married men in India, compared to 29.3 crore married women.
  • The difference between the two numbers — 65.71 lakh — can be explained either by the incidence of polygamy or men going abroad.
• The highest discrepancy in the population of married men and women can be found among Hindus (who make up the largest number of Indians), followed by Muslims, Sikhs, Christians, Sikhs, and Buddhists.
  • However, when compared to their respective shares in the total population, Muslims and Christians report the greatest difference.

What does NFHS data say?

• The NFHS-5 showed the prevalence of polygamy (the percentage of women who reported their husbands had other wives) was highest among Christians (2.1%), followed by Muslims (1.9%), and Hindus (1.3%), looking at religion.
  • Overall, Scheduled Tribes reported the highest incidence at 2.4%.
• A June 2022 study by the International Institute of Population Sciences (IIPS) showed that polygynous marriages (one man married to more than one woman at a time) have decreased from 1.9% in 2005-06 to 1.4% in 2019-21, among the whole population.
• Buddhists, who reported a 3.8% incidence of polygyny in 2005-06, saw the sharpest dip of 65.79% to 1.3% in 2019-21.
  • The incidence of polygyny in the total population fell by 26.31%.

Constitutional Perspective and Supreme Court's Insights:

• India, as a secular state, upholds the principle of equality among religions, ensuring that no religion holds superiority or inferiority over another.
• The Indian Constitution guarantees fundamental rights to all citizens, and any legislation conflicting with these rights is considered unconstitutional.
  • Article 13 of the Constitution invalidates any law inconsistent with Part III of the Constitution.
  • Article 14 ensures equal treatment and protection under the law for every individual within India's territory.
• In a 2021 verdict, the Supreme Court highlighted India's recognition of a plural legal system, allowing different religious communities to abide by distinct 'personal laws.'
• However, these personal laws must adhere to constitutional validity and morality, ensuring they do not infringe upon Articles 14, 15, and 21 of the Constitution.