Polygamy – having multiple spouses simultaneously – has one of the most legally and politically complex statuses in India. The short answer: polygamy is illegal for Hindus, Christians, Parsis, and those marrying under the Special Marriage Act; legally permitted (but increasingly contested) for Muslim men under personal law; recently banned in Uttarakhand and Assam for all residents including Muslims; and polyandry (a woman having multiple husbands) is not recognised under any Indian law.
The Religion-Dependent Legal Framework
India does not have a Uniform Civil Code governing personal law matters. Marriage, divorce, and related matters are governed by religion-specific personal laws. This creates dramatically different legal rules for polygamy based on religion.
For Hindus, Sikhs, Buddhists, and Jains: The Hindu Marriage Act, 1955 (Section 5) requires that neither party have a living spouse at the time of marriage. A second marriage while the first is valid is void under HMA Section 11. BNS Section 82 (previously IPC Section 494) criminalises bigamy with imprisonment up to 7 years and fine. The Supreme Court in Sarla Mudgal v. Union of India (1995) ruled that a Hindu man cannot convert to Islam merely to practice polygamy – the second marriage remains invalid and punishable.
For Muslims: Under the Muslim Personal Law (Shariat) Application Act, 1937, a Muslim man is permitted to marry up to four wives simultaneously, provided he can treat them all equally and fulfil their rights. This religious permission means that the criminal bigamy provisions of the BNS Section 82 do not apply to Muslim men who contract multiple marriages. Muslim women, however, cannot have multiple husbands – the permission is exclusively one-directional.
For Christians: The Indian Christian Marriage Act, 1872 mandates monogamy. A second marriage is void and constitutes bigamy under BNS. For Parsis: The Parsi Marriage and Divorce Act, 1936 strictly enforces monogamy. For Civil marriages: The Special Marriage Act, 1954 requires that neither party have a living spouse – polygamy is prohibited regardless of religion for those marrying under the SMA.
Recent State-Level Bans: Uttarakhand and Assam
Two significant state-level developments in 2024-2025 have changed the polygamy landscape.
Uttarakhand became the first Indian state to implement the Uniform Civil Code (UCC) in January 2025. The UCC uniformly prohibits polygamy for all residents of Uttarakhand, including Muslim men. The UCC mandates equal rights in marriage, divorce, and adoption. Scheduled Tribes are exempt under Section 2 of the UCC Rules, continuing constitutional protection of tribal customs.
Assam passed the Assam Prohibition of Polygamy Bill in November 2025, becoming the second state to legislate against polygamy for all residents. The Assam Bill makes polygamy a cognisable, non-bailable offence with: up to 7 years imprisonment for entering a polygamous marriage while the first is valid; up to 10 years if the existing marriage was concealed. Village heads, marriage officiants (including those conducting Islamic marriages), and guardians who knowingly facilitate polygamous marriages face up to 2 years imprisonment and Rs 1 lakh fine. Scheduled Tribes are exempt from the Assam Bill under Sixth Schedule protections.
The Muslim Polygamy Controversy
The continued legal permission for Muslim polygamy has been the subject of intense constitutional and policy debate. Key judicial positions: In Khursheed Ahmad Khan v. State of UP (2015), the Supreme Court ruled that polygamy is not an essential religious practice in Islam and that the state can restrict it in the interest of social welfare. The landmark Shayara Bano v. Union of India (2017) which struck down instant triple talaq (talaq-e-biddat) signalled the Court’s willingness to intervene in Muslim personal law when practices violate women’s dignity and equality.
Practically, Muslim polygamy in India: According to NFHS data, only about 1.4% of married women nationally live in polygynous unions, including all religious communities. The practice is declining across communities. Courts have consistently held that even where legally permitted, unequal treatment of multiple wives constitutes cruelty and is grounds for divorce.
Uniform Civil Code and the Future
The debate around a national Uniform Civil Code (UCC) that would apply uniformly to all citizens regardless of religion – including prohibiting polygamy for all – is one of the most politically charged issues in India. The BJP has championed UCC as a policy goal. Uttarakhand’s 2025 UCC and Assam’s 2025 Polygamy Ban are seen as state-level precursors to a potential national UCC. Critics argue a UCC would violate religious autonomy guarantees under Article 25 of the Constitution. As of March 2026, no national UCC has been enacted.
Final Thought
Polygamy in India is a tale of two legal systems: criminal for most citizens, permitted for Muslim men at the central level (though increasingly restricted at the state level). BNS Section 82 provides up to 7 years imprisonment for bigamy by non-Muslims and others. The political trajectory under the current government clearly points toward restricting or eliminating the Muslim polygamy exception through UCC or state-level legislation. Uttarakhand and Assam have already moved in this direction. The numbers tell the story too – polygamy is declining rapidly across all communities regardless of legal permission, as education, economic independence, and changing social norms reshape Indian marriage practices.
Frequently Asked Questions (FAQs)
Q1. Can a Hindu man have two wives in India?
No. A second marriage while the first Hindu marriage is legally subsisting is void under the Hindu Marriage Act, 1955 (Section 11), and constitutes bigamy punishable under BNS Section 82 with up to 7 years imprisonment and fine. Even if the first wife gives her consent, the second marriage remains void and the husband faces criminal liability. Children from the second (void) marriage are deemed legitimate under HMA Section 16 and have inheritance rights in parents’ self-acquired property.
Q2. How many wives can a Muslim man have in India?
Under Muslim personal law, a Muslim man is permitted to marry up to four wives, provided he can treat them all equally and fulfil their financial and conjugal obligations. However: in Uttarakhand, the UCC (effective January 2025) prohibits polygamy for all residents including Muslims; in Assam, the Polygamy Prohibition Bill (2025) similarly prohibits it with criminal penalties; and the Supreme Court has stated polygamy is not an essential practice of Islam, leaving space for legislative restriction nationally.
Q3. Is polyandry (a woman having multiple husbands) legal in India?
No. Polyandry is not legally recognised under any Indian personal law. A woman who marries a second man while her first marriage is valid commits bigamy under BNS Section 82. Some tribal communities in Himachal Pradesh (Hatti tribe “Jodidaran”) practice fraternal polyandry (marrying brothers) as a customary practice, but this remains legally unrecognised and in a grey area. Courts have generally not actively prosecuted long-standing tribal customs, but there is no legal protection for such arrangements.
Q4. Can a man convert from Hinduism to Islam to legally marry a second wife?
No. The Supreme Court in Sarla Mudgal v. Union of India (1995) explicitly held that a Hindu man cannot convert to Islam solely for the purpose of contracting a second marriage while the first Hindu marriage remains valid. Such conversion does not automatically dissolve the first marriage. The second marriage is void, and the man remains liable for bigamy under the applicable law. The first wife retains all her matrimonial rights under the Hindu Marriage Act.
Q5. What is the Uniform Civil Code and how would it affect polygamy?
A Uniform Civil Code (UCC) would replace religion-specific personal laws with a single civil code applying equally to all Indian citizens regardless of religion. It would prohibit polygamy for all, including Muslim men. Uttarakhand’s UCC (January 2025) has already done this at the state level. A national UCC would require Parliamentary legislation and would likely face court challenges on religious freedom grounds (Article 25). The BJP has consistently promised to implement a national UCC. Assam’s 2025 Polygamy Prohibition Bill is a similar move without the full UCC framework.
