The Assam government, which is working on a law to ban polygamy in the state, has issued an order disallowing government employees from entering into a second marriage without the permission of the government.
The order states that non-compliance will invite department proceedings for the imposition of penalties that may include compulsory retirement. Apart from this, it states that steps will also be taken for legal penal action.
The government order was issued in a Personnel Department office memorandum on October 20. With a subject title ‘Bigamous Marriages’, the memorandum states that it is reiterating a rule of the Assam Civil Services (Conduct) Rules, 1965. It goes on to state that a government servant with a living wife who wants to enter into a second marriage must first obtain permission from the government ‘notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him’. It also states that no woman government servant may marry a person who has a living wife without similar permission.
Speaking about the order on Friday, Assam Chief Minister Himanta Biswa Sarma said that this was a pre-existing rule which is now being enforced by the state government. ‘An Assam government employee from the point of view of our service rules is not entitled to enter into a second marriage. However, if some religion allows you to enter into a second marriage, even then from the conduct rules, you have to seek permission from the state government. Now, the state government might give you or might not give you (the permission). We often get cases where after the death of an employee, both the wives fight for the person’s pension. We find it very difficult to settle those disputes. Today, many wives are deprived of their pension because of conflicting claims,’ he said.
This move comes even as the Assam government has been saying that it is working to introduce a ban on the practice of polygamy in the state through ‘legislative action’ in the next Assembly session. Sarma had first announced this in May this year and had constituted an expert committee to examine the legality of such action. In August, the committee submitted a report which stated that the state legislature has the ‘legislative competence’ to enact such a law.
‘The courts have clarified that religious practices must be essential and integral to the religion to receive protection. 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,” it had stated.
