Under Indian law, a person cannot marry or keep two wives at the same time. Such a practice is illegal and punishable. Polygamy is a harmful habit that spreads disease and makes the population uncontrollable. Therefore, polygamy should never be legalized in India. All the laws governing these practices have been consolidated into one codified law, which is bold. Therefore, it will apply to all Indians. Now it is illegal for a Hindu to marry more than one person or keep two spouses at the same time. Polygamy is divided into three types, namely, polygyny, polyandry, and group marriage. The Todas are tribal peoples who live in the hills of Nilgiri (Tamil Nadu) in southern India and have practiced polyandry for several centuries. [7] They practiced a form of polyandronic relationship that is considered a classic example of polyandry. They practiced both fraternal and sequential polyandry. In this scenario, if someone asks you if polygamy is legal in Hinduism, the answer is NO.
In recent years, fraternal polyandry has increased in agrarian societies in the Malwa region of Punjab to avoid the division of agricultural land. [3] If you are dealing with polygamy in India, the legal aspects can be better understood after consulting a lawyer. Polyandry in India: The word “polyandry” is derived from the Greek words poly (many) and andros (man) and means the practice whereby a woman takes two or more men as husbands. The custom developed over time in human cultures where land and food were scarce and/or women were allowed to own ancestral property or title. In other parts of the world, this has occurred due to a lack of women, for example in cultures where female infanticide was a common phenomenon. An unhealthy practice of polygamy will spread the disease and there will be no control over the population. Therefore, the practice of polygamy should never be legalized in India. Collective marriages are a system in which a man and a woman from a community consider themselves married to each other. Polygyny and polyandry are two terms that can be used to describe it. A group marriage must contain the 10 essential kinships, as Lewis Henry Morgan says: spouse, co-wife, husband, co-husband, parents, daughter, son, brother and sister. In case of disagreement between the Indian Penal Code and the Personal Status Laws, the Personal Status Laws will be applied, as it is a legal principle that a particular law replaces the General Law. When a person marries another person even if they were previously legally married.
Polygamy in Hinduism: The legal prohibition of polygamy in Hinduism was introduced when the Hindu Marriage Act came into force on May 18, 1955. Monogamy remained the only legal marriage option for Hindus. It has been clarified that a Hindu spouse is not legally allowed to marry a second time unless the first is legally dissolved. (divorce or death). Modern polygamy: Polygamy was outlawed in India in 1956, with a few exceptions for religious reasons. Muslim men are allowed to take up to four wives, while polygamy has been considered totally illegal among other religions. Although there are some exceptions, for example in Goa, bigamy is allowed in certain circumstances. In modern society, polygamy is considered taboo and socially and morally unacceptable in most places, but some form of polygamy still exists in different parts of the world. In regions like the Middle East, religious feelings are highly valued, polygamy is still practiced. Polygamy is also practiced by various primitive societies around the world. In countries like India, Pakistan, Philippines, etc., it is considered legal.
In principle, there are three forms of polygamy,[iv] namely polygamy, polyandry and collective marriage. Therefore, there can be no specific answer without ambiguity as to whether polygamy is legal in India or not. We discussed what polygamy is and how these practices are positioned Polygamy is definitely an integral part of society and is not legally binding. People practiced polygamy freely. The laws that prevail at the right time are not strict or strict when it comes to polygamy. Thus, people practiced polygamy without fear of punishment. In some parts of Punjab, particularly in the Bathinda and Mansa districts of the Malwa region, poor farmers practice polyandry under economic coercion to avoid further fragmentation of their already small land holdings. A 2019 study by the University of Punjab found evidence of polyandry in Haryana and Punjab. The study resulted in the book Gender Culture and Honour and found cases of wife-sharing in the districts of Yamunanagar in Haryana and Mansa and Fatehgarh Sahib in Punjab. [25] In remote parts of India, the custom of polyandry continued until recently, practiced mainly by the country`s many minorities. In India, the practice seems to fade over time. Increased resources and opportunities enable men to move out of disadvantaged areas and find work and families elsewhere.
All these developments have essentially taken place in one generation. After reviewing numerous resources on Hindu law, the Honourable Supreme Court concluded in this case that monogamous relationships were the norm and ideology of Hindu society, which despised and condemned second marriage. Polygamy was not allowed to be part of Hindu culture due to the influence of religion. The court also noted that some people exploit even the smallest legal privileges and that the government should intervene at this point to discipline such behavior. Email us your request to support@myadvo.in or simply call us at +91-9811782573 to solve all kinds of legal problems. It is this system of marriage in which a woman has several husbands. However, it is a very rare sight. Moreover, polyandry does not have the same status as polygamy.
It is generally accepted that a man is married to several women, but it is not acceptable for a woman to be married to several men. This creates an asymmetry between the sexes. There are many places and states where polygamy is still practiced. Having more than one spouse is not illegal and does not result in any punishment or punishment. Polyandry was mainly prevalent in the Kinnaur region, a part of the Himachal in India that lies near Tibet or currently the Indo-Chinese border. As mentioned in the Mahabharata epic, the Pandavas were banished from their kingdom for thirteen years and spent the last year in this hilly terrain of Kinnaur. Some Kinaauri claim that this practice was inherited from the Pandavas, who identify them as their ancestors. The Garhwali also identify their practice of polyandry with their Pandava ancestry.
In the 1911 census, E.A. Gait mentions the polyandry of the Tibetans, Bhotias, Kanets of the Kulu Valley, the population of Bashahr State, Thakkars and Megs of Kashmir, the Gonds of the central provinces, the Todas and Kurumbas of Nilgiris, the Kallars of Madurai, the Tolkolans of Malabar, the Ezhavas, the Kaniyans and the Kammalans of Cochin, the Muduvas of Travancore and the Nairs. [30] [31] Polygamy is still recognized and practiced in countries such as Algeria, Egypt, and Cameroon. These are the only regions in the world where polygamy is still legal. Sections 494 and 495 of the Indian Penal Code of 1860 prohibited polygamy for Christians. In 1955, the Hindu Marriage Act was drafted, which prohibited the marriage of a Hindu whose spouse was still alive. Thus, polygamy became illegal in India in 1956, uniform for all its citizens except Muslims, who are allowed to have four wives, and for Hindus in Goa and along the west coast, where bigamy is legal. Just seek legal advice to deal with polygamy from a good lawyer in your area. Because at MyAdvo, we have the best legal minds on board. In the Mahabharata, another great Sanskrit epic, Bhishma instructs King Yudhishthira as follows: “A Brahmin may have three wives.” A Kshatriya can have two wives.
In the case of a Vaishya, he can only marry one person of his kind. “All descendants of these spouses should be treated equally.” From now on, polygamy is illegal, so Hindus only have monogamy as a choice, as a bigamous relationship is also prohibited.