Cecily Zamora
Polygamy is generally outlawed in India under the Indian Penal Code, but the legal status of polygamy is influenced by Indian law and personal laws, making it permissible under certain circumstances. While it is illegal for Hindus, Buddhists, Jains, and Sikhs under the Hindu Marriage Act, 1955, and for Christians under the Indian Christian Marriage Act, 1872, Muslim men are allowed to have up to four wives under Sharia Islamic law and the Muslim Personal Law (Shariat) Application Act, 1937. Polygamy also exists in some tribal communities and is practiced by a small percentage of Indian men.
| Characteristics | Values |
|---|---|
| Overall legality in India | Outlawed under the Indian Penal Code (IPC) |
| Legality for Muslims | Allowed, up to four wives under the Muslim Personal Law (Shariat) Application Act, 1937 |
| Legality for Hindus | Prohibited under the Hindu Marriage Act, 1955 |
| Legality for Christians | Outlawed under the Indian Christian Marriage Act, 1872 |
| Legality for Parsis | Outlawed |
| Legality in tribal communities | Allowed in some communities |
| Legality in Mizoram state | Allowed for a Christian sect called "Lalpa Kohhran Thar" |
| Legality in Goa | Allowed |
| Legality for women | Not allowed under any personal law in India |
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What You'll Learn
Polygamy for Hindus
Polygamy is generally prohibited for Hindus in India. The Hindu Marriage Act of 1955 outlaws the practice, making it a punishable offence under Sections 494 and 495 of the Indian Penal Code. This Act governs the marriages of Hindus, Buddhists, Jains, and Sikhs, and it explicitly states that a Hindu cannot marry another person if their spouse is still alive.
However, there are some exceptions to this rule. For instance, in the state of Goa and along the western coast of India, bigamy is legal for Hindus. Additionally, polygamy among Hindus is sometimes accepted in certain rural areas, especially if the earlier wives approve. According to the 2005-06 National Family Health Survey, 2% of women reported that their husbands had other wives besides themselves.
The legality of polygamy in India is influenced by both Indian law and personal laws, which has created legal ambiguities and unequal rights, especially for women. While polygamy is generally prohibited for Hindus, it is allowed for Muslims and some tribal communities due to the protection granted to their cultural practices.
The debate around polygamy in India is complex and multifaceted, with legal, cultural, and religious dimensions. While it is outlawed for Hindus under the Hindu Marriage Act, there are exceptions, and the practice continues to be accepted in certain regions and communities.
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Polygamy for Muslims
Polygamy is generally outlawed in India, except for Muslims. While polygamy was not prohibited in Ancient India, it is believed that it was not a major cultural practice. The lack of prohibition was partly due to the separation between land laws and religion, and partly because all the major religions of India portrayed polygamy in a neutral light.
Muslims in India are subject to the terms of The Muslim Personal Law (Shariat) Application Act of 1937, which recognises and codifies Islamic personal laws regulating marriage, divorce, and inheritance. Under Islamic law, Muslim men in India can marry up to four wives, provided they fulfil specific conditions, including financial capability and equitable treatment of all spouses. However, it is important to note that Indian law regulates polygamy among Muslims differently from other personal laws.
The conditions for polygamy under Islamic law include obtaining prior consent from existing wives and the prospective wife, demonstrating financial stability, and having justifiable reasons for seeking additional marriages. While polygamy is permissible under Islam in specific circumstances, it is not mandated or encouraged. Instead, it is viewed as a concession under exceptional circumstances, such as providing for widows and orphans or when a man can responsibly maintain multiple households.
In recent years, there have been calls for legal reforms to address polygamy among Muslims in India, with some activists and scholars advocating for stricter regulations or even a complete ban due to its perceived adverse effects on women's rights and social harmony. The judiciary has played a role in interpreting and regulating polygamy within the framework of Indian law, intervening in cases where polygamous marriages were deemed exploitative or unjust. The Supreme Court of India has also stated that polygamy is not an integral or fundamental part of the Muslim religion, and monogamy can be enforced by the state to protect citizens' rights.
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Polygamy for Christians
Polygamy, the practice of having more than one spouse at the same time, is generally illegal in India under the Indian Penal Code (IPC). However, the legality of polygamy in India is complex and depends on the religion and personal laws of different communities. While polygamy is outlawed for Hindus and Christians, it is legally permissible for Muslim men to have up to four wives under Sharia Islamic law.
For Christians in India, polygamy is strictly prohibited by the Indian Christian Marriage Act of 1872, which governs marriages among Christians in the country. This Act stipulates that Christian marriages are monogamous, and any Christian found practising polygamy can be prosecuted for bigamy under the IPC. This legal framework aligns Christian marriages in India with the global Christian belief in monogamy as a religious and moral standard.
The Special Marriage Act of 1954 further reinforces the illegality of polygamy for Christians in India. This Act provides a legal framework for inter-religious marriages and those who choose to marry outside the confines of their personal religious laws. It mandates monogamy for all marriages registered under it, regardless of the religious backgrounds of the individuals involved.
Despite the legal prohibitions, polygamy has been observed within certain Christian sects in India. For example, in the state of Mizoram, a Christian sect known as "Lalpa Kohhran Thar" (The Lord's New Church) practices polygamy. The founder of this sect, Khuangtuaha, had three wives, and his brother Chana, who introduced polygamous marriage, had seven wives. Chana's son, Ziona, took this practice to an extreme, having 38 wives, 89 children, and 33 grandchildren at the time of his death in 2021. However, it is important to note that even within this sect, polygamy is not practised freely, and men are allowed to marry multiple wives only if they can support them financially, as decided by the priests.
The prevalence of polygamy among Christians in India is relatively low compared to other religious groups. According to the National Family Health Survey-5 (2019-2020), the prevalence of polygamy was 2.1% among Christians, 1.9% among Muslims, 1.3% among Hindus, and 1.6% among other religious groups. However, it is worth noting that the data also showed that the highest prevalence of polygynous marriages was in the Northeastern states with tribal populations, where cultural and tribal practices can influence marriage customs.
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Polygamy for Parsis
In India, the legal status of polygamy is influenced by Indian law and personal laws, allowing it under certain circumstances. Polygamy is illegal under the Indian Penal Code (IPC), but Muslim men are permitted to have up to four wives under Sharia Islamic law. Polygamy is also present in several tribal communities and in the state of Goa. Additionally, a Christian sect in Mizoram state, known as "Lalpa Kohhran Thar", practices polygamy.
Regarding Parsis and polygamy, Parsi laws outlaw bigamy. According to the Parsi Marriage and Divorce Act, 1936, a Parsi who marries another person without obtaining a legal divorce from their current spouse is subject to penalties under Sections 494 and 495 of the Indian Penal Code for the offence of bigamy. The Act defines "Parsis" as both Iranian and Indian Zoroastrians.
Historically, a form of polygamy known as "xwedodah" was practised in Zoroastrianism before the Muslim conquest of Persia. Xwedodah refers to consanguine marriage, where individuals marry their sisters, daughters, granddaughters, or mothers. It was considered a pious act and was practised by royalty, nobility, and possibly clergy. However, by the 11th century, this practice had largely disappeared.
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Polygamy in tribal communities
Polygamy is generally prohibited in India under the Indian Penal Code (IPC). However, the practice is allowed for Muslims under the Muslim Personal Law (Shariat) Application Act of 1937, which permits Muslim men to marry up to four wives as long as they treat them equally and fairly. Polygamy is also practised in several tribal communities in India, where it is influenced by cultural and religious factors.
In the state of Mizoram, a Christian sect called "Lalpa Kohhran Thar" or "Khuangtuaha Pawl" practises polygamy. The sect was formed in 1942, and its leader, Ziona, had 38 wives at the time of his death in 2021. However, men in this sect are only allowed to marry multiple wives if they can support them financially, and this is decided by the priests.
Polyandry, where a woman has two or more husbands, is also practised in several tribal communities in India. The Todas, a tribal group residing in the Nilgiri hills of Tamil Nadu, have practised polyandry for several centuries. Fraternal polyandry, where the husbands are related to each other, is common in male-dominated societies that follow ancient rituals and customs. This practice is found in many villages in the Kinnaur district of Himachal Pradesh and has also been reported in Haryana, Punjab, and Uttarakhand. In these communities, polyandry is often driven by economic factors, such as poverty, land scarcity, and the need to preserve family landholdings.
In addition to religious and tribal communities, polygamy is also permitted in the Indian state of Goa, where bigamy, a form of polygamy, is allowed.
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Frequently asked questions
Polygamy is illegal in India under the Indian Penal Code (IPC). However, Muslim men are allowed to have up to four wives under Sharia Islamic law.
Hindus, Christians, and Parsis are prohibited from practising polygamy.
Practising polygamy illegally can lead to criminal charges under the Indian Penal Code, resulting in imprisonment and fines.
Polygamy was not prohibited in ancient India and was common among aristocrats and emperors. However, with the introduction of the Hindu Marriage Act in 1955, the practice of polygamy was abolished for Hindus.
