According to Himanta Biswa Sarma, an expert group unanimously concluded that the state may draught its laws to outlaw polygamy.
Assam Chief Minister Himanta Biswa Sarma said on Sunday, hours after an expert committee delivered its findings on the state’s competence to create legislation to abolish polygamy, that a Bill on the matter will be filed this fiscal year.
He told a news conference here that the expert committee, which had delivered its findings earlier in the day, had unanimously agreed that the state could create legislation to outlaw polygamy.
“The report unanimously stated that the state government has the authority to enact polygamy laws.” “The state government has the authority to enact such legislation,” he continued.
According to Sarma, the panel indicated that the Bill’s assent must be delivered by the President rather than the Governor.
“The committee has pointed out that age is not mentioned in Muslim law.” So, to avoid a conflict with the POCSO Act, we can introduce state law with the same provisions as the POCSO,” he noted.
When asked if Assam will pass legislation to outlaw polygamy, the chief minister said yes.
“The law will undoubtedly come within this fiscal year,” he continued.
Sarma stated that it would be decided whether the Bill in question will be introduced at the next September session, December session, or Budget session of the Assembly.
“We will have to give the MLAs time to debate this bill because such a law has never been introduced in Assam.” “We will decide in our Cabinet meeting,” he continued.
The chief minister, on the other hand, stated that if the Uniform Civil Code (UCC) is implemented before the state’s proposed polygamy law, the situation will be different.
When asked if the government will listen to civil society organizations, he stated, “There isn’t much need to listen to groups and social organizations because we have a pulse that Hindu, Muslim, Buddhist, and all other communities have welcomed this initiative.”
“There’s no reason to object. However, if the Cabinet decides to solicit input from all stakeholders, there will be no difficulty since we have time for that. There aren’t many individuals who oppose this action.”
The opposition parties have previously lambasted the government’s plan to implement polygamy legislation as diversionary and communal, especially at a time when the Legislation Commission is receiving ideas on the UCC.
Earlier in the day, the Assam government’s expert committee constituted to investigate the state legislature’s competence to draught legislation to abolish polygamy delivered its report to the chief minister.
On Twitter, Sarma posted photos of committee members handing him the report and the document’s cover.
“The expert committee presented its report today.” Assam is now one step closer to fostering a favorable environment for women’s empowerment, regardless of caste, race, or religion,” he said.
Sarma announced the creation of a four-member expert group on May 12, led by Justice (Retd) Rumi Kumari Phukan.
The committee also includes the state’s Senior Additional Advocate General Nalin Kohli, Advocate General Devajit Saikia, and Senior Advocate Nekibur Zaman, in addition to Phukan.
On July 18, the Assam government extended the committee’s tenure by one month, from July 13 to August 12.
The committee was initially given a 60-day deadline to produce its findings. It was charged with investigating the provisions of the Muslim Personal Law (Shariat) Act, 1937, as well as Article 25 of the Constitution in respect to the Directive Principles of State Policy for a Uniform Civil Code.
On July 13, Sarma stated that the Assam government informed the relevant authorities that it supported the UCC and intended to outlaw polygamy in the state immediately.
The UCC is a subject for Parliament to resolve, but the state can also make a decision with the President’s approval, he noted.
