Thu. Sep 28th, 2023

Following an professional committee’s report on banning polygamy in Assam, the state authorities has sought ideas from most people on the problem earlier than it heads to enact a legislation throughout the Assembly session in September.

In its report, the committee stated that the Indian Constitution offers the Union and states the ability to create laws on particular points.

Marriage is on the Concurrent listing, subsequently each the Central authorities and the states can set up legal guidelines governing it.

The Doctrine of Repugnancy (Article 254) says that if a state legislation conflicts with central legislation, the central legislation will take priority until the state legislation has the prior approval of the President of India, in line with the committee’s findings.

Additionally, it was stated within the report that Articles 25 and 26 of the Constitution assure spiritual freedom and freedom of conscience. These rights will not be unalienable; reasonably, they’re constrained by legal guidelines governing social welfare and reform in addition to public morality, well being, and order.

“With respect to Islam, the courts have held that having more than one wife is not an essential part of the religion. Legislation limiting the number of wives does not interfere with the right to practice religion and is within the scope of social welfare and reform. Hence, laws favouring monogamy do not violate Article 25, ” the committee stated within the report.

In gentle of those values, the committee beneficial that the Assam authorities be given the authorized authority to cross a state legislature that outlaws polygamy.

The committee additional requested enter from most people on the draft invoice to outlaw polygamy in Assam.

As per a authorities notification, most people can put ahead their ideas upto August 30.

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