Bigamy, the practice of marrying more than one spouse at the same time, is illegal in India and is punishable under the Indian Penal Code. The prohibition on bigamy is based on the principles of monogamy, which is the practice of having only one spouse at a time. Monogamy is seen as the cornerstone of a stable and harmonious family life, and bigamy is considered a threat to the institution of marriage and the family.
In India, bigamy is a criminal offense under Section 494 of the Indian Penal Code, which states that "whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." This means that if a person marries another person while still being legally married to someone else, they can be imprisoned for up to seven years and fined.
Bigamy is not limited to Hindus in India. It is prohibited for all religions, including Muslims, Christians, and Parsis, among others. In fact, the prohibition on bigamy is a part of the personal laws of various religions in India, which are governed by the Special Marriage Act, 1954, the Hindu Marriage Act, 1955, and the Parsi Marriage and Divorce Act, 1936, among others.
Despite the prohibition on bigamy, it is still a prevalent practice in some parts of India, particularly in rural areas where social and economic factors contribute to the prevalence of bigamy. Poverty, illiteracy, and the lack of access to education and employment opportunities are some of the factors that contribute to the practice of bigamy in India. In some cases, bigamy is also used as a means of securing financial stability or as a way to avoid social ostracization.
In recent years, there have been several efforts to address the issue of bigamy in India. The government has implemented various measures to raise awareness about the negative consequences of bigamy and to educate people about the importance of monogamy. These efforts have included campaigns to promote the importance of monogamy and to educate people about the legal consequences of bigamy.
Despite these efforts, the issue of bigamy remains a significant challenge in India. It is a complex issue that requires a multifaceted approach, including legal, social, and educational efforts. Ultimately, the success of these efforts will depend on the willingness of individuals to recognize the importance of monogamy and to adhere to the principles of a harmonious and stable family life.
BIGAMY IN INDIA
Union of India in 2000, on the ground that the judgement in the impugned case violates the fundamental right to life and liberty and freedom to practice any religion enshrined under Articles The court held that the contention of the petitioner that the judgment of Sarla Mudgal amounts to the violation of freedom of conscience and free profession, practice and propagation of religion as guaranteed under Article 25 and 26 of the Constitution, is far fetched and is alleged by those who hide behind the cloak of religion to escape the law. Hence, spouses cannot escape liability under Section 494, IPC, by resorting to conversion to Islam or any other religion. However, it can be inferred from the ingredients of Section 494 explained in detail in the above section that the second marriage would be void and the apostate husband would be guilty under IPC. The wife relied upon a custom in the tribe which mandated monogamy as a rule. By mere association of the accused persons in this case, who are charged for an offence of abetment and the principal offender in the absence of any material to show that there was an instigation by the petitioners or that there was any intention either in aiding or in commissioning the offence committed by the first accused, it cannot be said that they have committed an offence of abetment. The declaration will be displayed on the notice board of office till the date of confirmation.
Position Of Bigamy In When a married person cohabits with an unmarried person for a long time, then it will not constitute the offence of bigamy. Departmental Enquiry Even when anindividual is later acquitted of bigamy in a criminal proceeding, a departmental investigation can be initiated against him or her. Exception to this section is that it does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. Though Section 494 of the Indian Penal Code IPC punishes bigamous husbands, if convicted, to a fine or seven years of imprisonment, or both, being a non-cognizable offence except in Andhra Pradesh , it is ineffective. Sections 494 and 495 relate to the provisions of Bigamy.
