Polygamy and Polyandry in India: Legal Status, Challenges, and Reforms under BNS 2023

Introduction

India’s marital landscape has long reflected its cultural diversity, with practices like polygamy (a man having multiple wives) and polyandry (a woman having multiple husbands) historically recognized in certain communities. While polygamy was seen among Hindu royalty and some Muslim groups, polyandry was practiced in select tribal regions, including the Jaunsar-Bawar tribes of Uttarakhand, the Toda tribe of Tamil Nadu, and parts of Himachal Pradesh.

Modern Indian law, guided by the Constitution of India, emphasizes equality, dignity, and justice, thereby promoting monogamous marriages as the legal norm. Personal laws for Hindus, Christians, Parsis, and interfaith marriages explicitly prohibit plural marriages, while Muslim personal law allows limited polygamy under strict conditions. The introduction of the Bharatiya Nyaya Sanhita (BNS), 2023 has strengthened criminal penalties for bigamy, consolidating legal reforms to ensure gender justice.

Despite codification, challenges persist in enforcement, including lack of awareness, procedural delays, and socio-economic dependence. This article examines the legal framework, judicial developments, enforcement challenges, and international perspectives on polygamy and polyandry in India, highlighting the role of the BNS, 2023 in shaping equitable marital laws.

Historical and Cultural Context

India’s history shows a diversity of marital practices:

• Polygamy was historically practiced by Hindu kings and nobles for alliances and heirs.
• Polyandry existed among select tribes like Jaunsar-Bawar (Uttarakhand), Toda (Tamil Nadu), and certain Himachal Pradesh communities.
• Hindu texts, including the Manusmriti, allowed additional marriages under specific conditions.
• Islamic law permits up to four wives with equitable treatment.
• Tribal polyandry was primarily socio-economic, preserving property and managing population in resource-scarce regions.

Post-independence, India’s legal system progressively limited plural marriages, emphasizing constitutional values of equality and justice.

Gender Equality and Constitutional Mandate

While the Constitution does not explicitly enforce monogamy, its provisions promote equality and dignity in marital relationships:

• Article 14: Equal protection under the law
• Article 15: Prohibition of discrimination based on gender or religion
• Article 21: Right to life and dignity

Judicial rulings, including Joseph Shine v. Union of India (2018) and Shayara Bano v. Union of India (2017), reinforce that personal laws must align with constitutional principles, curbing practices that undermine gender equality.

Legal Status of Polygamy under Personal Laws

Hindu Law

• Hindu Marriage Act, 1955: Prohibits remarriage during an existing marriage.
• Sections 494–495 IPC criminalize bigamy and concealment of prior marriages.

Islamic Personal Law

• Allows men up to four wives under Quranic guidance (Surah An-Nisa 4:3).
• Statutes like the Dissolution of Muslim Marriages Act, 1939 protect women’s rights.

Christian and Parsi Law

• Polygamy is prohibited under Indian Christian Marriage Act, 1872 and Parsi Marriage and Divorce Act, 1936.

Special Marriage Act, 1954

• Enforces monogamy in interfaith or civil marriages; bigamous marriages are void.

Judicial Approach to Bigamy

Key judicial rulings:

• Sarla Mudgal v. Union of India (1995): Conversion to bypass monogamy is invalid.
• Lily Thomas v. Union of India (2000): Reaffirmed penalties for illicit remarriage via conversion.

Courts consistently uphold monogamy and reject legal protection for unauthorized plural marriages.

Bharatiya Nyaya Sanhita (BNS), 2023

• Section 82 BNS: Punishes bigamy with imprisonment up to 7 years and fines.
• Section 83 BNS: Punishes concealment of prior marriages.

Exemptions exist under Muslim personal law, subject to judicial scrutiny for cruelty or injustice under other statutes like Section 498A IPC.

Comparative and International Perspectives

• Monogamy is the global norm in countries like the USA, UK, Canada, and Australia.
• Some Islamic countries, e.g., Saudi Arabia and Iran, allow polygamy under restrictions.
• CEDAW urges criminalization of polygamy to protect women’s rights and equality.

Polyandry: Legal and Social Status

• Illegal under all Indian personal laws.
• Tribal practices are not legally recognized.
• Multiple simultaneous marriages by women attract criminal liability under BNS Sections 82 or 83.

Challenges to Enforcement

1. Low awareness and socio-economic dependence among women.
2. Religious exemptions complicate uniform enforcement.
3. Procedural delays, proof requirements, and non-cognizable offense status.
4. Judicial backlog and under-trained officers delay justice.
5. Religious manipulation in interfaith marriages.

The Path Forward: Uniform Civil Code and Legal Reforms

• A Uniform Civil Code (UCC) would harmonize marriage laws and eliminate exemptions for polygamy.
• Recent rulings, like Shafin Jahan v. Asokan K.M. (2018), uphold personal choice but discourage practices undermining dignity and equality.
• BNS 2023 strengthens criminal provisions, but full reform requires awareness campaigns and effective enforcement.

Conclusion

Polygamy and polyandry, despite their historical roots, contradict India’s constitutional principles of equality, justice, and dignity.

• The BNS 2023 reaffirms penalties against bigamy and promotes gender justice.
• Legal reforms must be accompanied by enforcement, education, and social change to ensure equitable marital practices.

A just society requires the abolition of plural marriages, respecting both cultural diversity and constitutional mandates.

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