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Assam: Govt to set up panel to implement ban on polygamy, says Assam CM Himanta Biswa Sarma

By IBNS
May 9, 2023 ..

Guwahati: Assam Chief Minister Himanta Biswa Sarma on Tuesday said that his government would examine the feasibility of implementing a ban on polygamy in the state, media reports said.


This development is being viewed as a step towards the adoption of the Uniform Civil Code (UCC) by the BJP-led government.

The government has also taken the decision to form an expert committee to examine the legal aspects related to this matter.

The expert committee will assess the legal authority of the state government to implement its decision of banning polygamy in the state.

"The Assam Government has decided to form an expert committee to examine whether the state Legislature is empowered to prohibit polygamy in the state. The committee will examine the provisions of The Muslim Personal Law (Shariat) Act, 1937 read with Article 25 of the Constitution of India, Vis-a-Vis the directive principle of state policy," said the chief minister in a tweet.

"The committee will engage in extensive discussions with all stakeholders, including legal experts, to arrive at a well-informed decision," he added.

The Assam Government has decided to form an expert committee to examine whether the state Legislature is empowered to prohibit polygamy in the state. The committee will examine the provisions of The Muslim Personal Law (Shariat) Act, 1937 read with Article 25 of the Constitution…

— Himanta Biswa Sarma (@himantabiswa) May 9, 2023

The committee will carefully study the provisions of "The Muslim Personal Law (Shariat) Act, 1937," as well as Article 25 of the Constitution, to take a decision in accordance with the law.

This development follows months after the Supreme Court said it would establish a five-judge Constitution bench to hear petitions challenging the constitutional validity of polygamy and the practice of 'nikah halala' among Muslims.

A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha took cognizance of the matter after hearing the arguments lawyer Ashwini Upadhyay, who filed one of the Public Interest Litigations (PILs),

Upadhyay contended that a new five-judge bench should be formed since two judges from the previous constitution bench, namely Justice Indira Banerjee and Justice Hemant Gupta, have retired.

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