This article is written by Prashant Indoriya, a 4 year student of Prestige Institude of Management and Reasearch Gwalior
Abstract
Engaging in a polygamous or bigamous union is illegal in India. The paper discusses the stance of the Indian Judicial system with the help of various judicial decisions, that polygamy is a diabolical tradition which should be eliminated from our societies, in order to preserve the integrity of women and prevail gender justice. However, no concrete legal structure is codified in order to deal with this issue. Arguing on these points the paper further discusses the legal implications of polygamous unions on women and children. Although there are laws in the Indian society to deal with such a menace, yet there are large numbers of instances of such polygamous unions still prevalent in many parts of India discussed broadly in the paper.The purpose of this article is to identify the rationale behind such a blatantly discriminatory practice like polygamy to still be prevalent in the Indian society. This paper aims to comprehensively analyze gender biased provisions on bigamy and polygamy within the Hindu Marriage Act, 1955 and the Muslim Personal Law (Shariat) Application Act, 1937 respectively, which allow the offenders to exploit and escape the law. Further the prevalence of polygamy cited in the paper sheds light on the effects of such a practice on the status of the wives and Their Children With The Help Of A Plethora Of Judicial Decisions. Finally, The Paper Also Suggests Conclusive Reformative Measures To Deal With The Same.”
Introduction and Meaning of Polygamy
Polygamy refers to the practice of being married to more than one spouse at the same time. The term encompasses polygyny, where a man has multiple wives, and polyandry, where a woman has multiple husbands. Though prohibited in most countries worldwide, polygamous marriages have been culturally and legally accepted in some societies across history.
In the Indian context, polygamy has complex religious, cultural, social and legal dimensions. Practices have evolved significantly from ancient to modern times, with variations seen across communities and regions. In recent decades, there has been much debate on the rights and wrongs of continuing polygamy in a modernizing India. This comprehensive blog post aims to provide an in-depth, unbiased look into the institution of polygamy in India.
We begin by tracing the historical evolution of polygamous marital practices in the Indian subcontinent from pre-colonial times to the post-independence era. This provides the necessary perspective to understand the nuances around polygamy in contemporary India.
Historical Evolution of Polygamy in India
Polygamy has existed in the Indian subcontinent since ancient times, largely driven by religious beliefs, socio-economic factors and cultural norms of various communities.
Pre-colonial Era
References to polygamy are found in ancient Hindu scriptures and texts like the Upanishads, Puranas and epics Ramayana and Mahabharata. Kings and warriors often had multiple wives for political alliance and expanding progeny. Some Hindu communities practiced polyandry to control population and land division.
The arrival of Islam in India normalized polygyny practices under religious sanction. Mughal emperors and Nawabs had large harems with hundreds of wives and concubines. Concubinage was also prevalent across communities.
Colonial Era
During British rule, legal provisions were introduced to restrict and regulate polygamy in India. The Christian Marriage Act of 1872 declared polygamous marriages invalid. Muslim personal laws were codified, permitting polygyny but with restrictions.
However, opposition from Indian leaders prevented an outright ban, allowing polygamy to continue with regulation. The practice declined gradually among the educated urban classes but continued in royal families and rural areas.
Post-independence Era
The Hindu Marriage Act of 1955 legally abolished polygamy for all Hindu communities. Muslim personal law continued to permit Muslim men to have up to four wives. Subsequent decades saw instances of polygamy and debates around a uniform civil code.
Overall, the historical trajectory shows a gradual transition from widespread acceptance to increasing restrictions on polygamy on religious and legal grounds. Nevertheless, it remains an integral part of Indian family structures and marital norms for some communities.
Types of Polygamous Marriages
Polygamy in India is primarily manifested in two forms – polygyny and polyandry.
Polygyny
Polygyny is the most common type of polygamous practice involving one husband with multiple wives. Some famous historical instances of polygyny include kings like Rajaraja Chola I (around 1000 AD) who had numerous consorts, and the wealthy landlord JC Bose of Kolkata who married more than a 100 times.
Even in modern India, polygyny persists among certain Muslim sects and indigenous tribal communities. Some reasons for continued polygynous marriages include:
- Producing male heirs
- Cementing political and business alliances
- Religious sanction and cultural acceptance
Polyandry
Polyandry involves one wife marrying multiple husbands. Fraternal polyandry was traditionally practiced in some Hindu communities like the Todas of Nilgiris to mitigate division of property. The wife would be shared by all the brothers in a family.
Some famous modern examples of polyandry include the marriage of the three bothers of Hiware Bazar village with a single woman in 1990s, and the polyandrous marriage of the Aleppey brothers in early 2000s that received much media attention.
Overall, polyandry has been relatively rare in India owing to its taboo status in both Hindu and Islamic traditions.
Group Marriage
Group marriages involving multiple husbands and multiple wives together have been experimented with in very few Indian communities. Most prominent was the group marriage system adopted by 100 adults of Rajasthan in early 1990s, based on ideas of gender equality and women’s empowerment. However, lack of legal sanction and social non-acceptance led to decline of such experimental group marriages.
Cultural Aspects of Polygamous Marriages in India
Religious Significance
The religious beliefs and personal laws of different faiths hold significance for sanctioning polygamy in Indian communities. Islam permits a Muslim man to marry up to four wives at a time, while Hinduism explicitly prohibits polygamy. Christianity also considers monogamy as the only valid marriage form.For Muslims, the practice of polygyny finds religious approval in the Quran and hadiths, subject to certain conditions of equal treatment. Conservative Islamic clerics have resisted reforms against polygamy in India. Hindu polygamy on the other hand does not derive religious sanction and is linked more to local customs.
Societal Implications
The societal attitudes toward polygamy have undergone change over the decades. While largely accepted earlier, modern education and values have generated greater resistance to the practice.Polygamy is seen to enforce gender inequality, undermine women’s status and cause disadvantages for children. However, pockets of Indian society still accept polygamy as a pragmatic marital choice under certain circumstances.
Portrayal in Arts, Cinema and Literature
Earlier Indian films and TV shows depicted polygamous families, especially among Nawabs and rich men, without much critical examination. However, modern entertainment media have started questioning the injustices of polygamy through nuanced portrayals from women’s perspectives. Writers like Rabindranath Tagore have critiqued polygamy while others have tried understanding the socio-cultural roots of the practice. The arts mirror both the traditional sanction and modern scepticism toward polygamy.
Regional Variations
Polygamy practices vary across different Indian regions based on specific ethnic group influences. Some communities in South India, Maharashtra and Gujarat are more averse to polygamy than communities in North, West or East India.Among Muslims, Shia Muslims have lower incidence of polygamy than Sunni Muslims. Polyandry is localized to certain pockets like Kerala and Lakshadweep islands. Thus regional socio-cultural aspects shape polygamy patterns.
Legal Framework Governing Polygamous Marriages
The legal status of polygamous marriages in India is complex. Different laws apply to different religious communities, some restricting and others permitting polygamy under certain conditions.
Hindu Marriage Act, 1955
This Act expressly prohibits bigamy or polygamy for all Hindu citizens of India, irrespective of sect or regional custom. As per Section 5, a marriage is void if it contravenes this condition. The only exception is if the first spouse is presumed dead or has been legally divorced.
are grappling with the same dilemmas as India regarding polygamy reforms versus religious rights.
For instance, Tunisia banned polygamy since 1956 through strong state initiatives. Countries like Morocco and Indonesia have added strict conditions like requiring prior court approval. These provide valuable insights for India’s legal approach.
Future Prospects
The future of polygamy in India will depend on the interplay of legal reforms, societal change and women’s empowerment.
Possibility of Legal Reforms
There is a possibility of greater legal curbs on polygamy in the coming years. The Law Commission has already recommended prohibiting polygamy for Hindus and Muslims alike. Muslim women groups are also advocating for change.
However, resistance from religious orthodox groups poses challenges to change. Bringing polygamy under a Uniform Civil Code seems difficult presently. Gradual reforms like needing mandatory court permission seem more pragmatic.
Scope for Changing Social Attitudes
With rising education, urbanization and modern values, social attitudes are shifting, especially among women. Younger generations increasingly consider polygamy as injustice and oppression.
Effective awareness campaigns can accelerate change. Educating girls and working women reduces societal acceptance of polygamy. However, entrenched patriarchy in parts of rural society continues to justify it.
Empowerment of Women
Polygamy is ultimately best countered by empowering women – socially, economically and legally. When women have greater agency and rights, the practice will find fewer takers across communities.
Access to education, financial resources, legal aid and protection of rights are vital. Community-based groups working with women at the grassroots will also enable change.
Conclusion
In conclusion, this comprehensive blog post has explored polygamy in India from its historical roots to current practices, laws, impacts and future outlook. Evidently, polygamy involves a complex interplay of religious identities, societal norms, legal codes, women’s rights and regional variations across India. The call for a uniform civil code continues alongside demands for reform within religious laws. While attitudes are changing gradually in modern India, comprehensive solutions require nuanced understanding rather than knee-jerk reactions on this sensitive issue. Providing gender justice and equality in family institutions remains a work in progress across India’s socio-legal landscape.
References
https://www.drishtiias.com/daily-updates/daily-news-analysis/polygamy-in-india
https://blog.ipleaders.in/is-polygamy-legal-in-india/