Bigamy: An Indian Legal Conundrum

Ranjana Sathiavageeswaran, Advocate in India

ABSTRACT

Bigamy, an ancient practice of having multiple spouses is considered a crime in India, with a few exceptions. India being home to 6 major religions of the world, strives to balance secularism on the one hand, and Personal Laws of each religion on the other. Though outlawed by most religions, there are many different approaches to prevent or deal with bigamy among the numerous Personal Laws. In the absence of a common matrimonial law for people belonging to diverse religions, the legal position on bigamy and its effect on marriages is a complex conundrum deserving a detailed analysis. Bigamy, as a criminal offense, is still prevalent in India and has many social and legal complications associated with it. This warrants a clear exposition of the anti-bigamy law as it stands today and the need for reform in the interest of public order and human rights.

Keywords: bigamy, polygamy, Section 494-495 of Indian Penal Code, 1860, Section 17 of Hindu Marriage Act, 1955, Uniform Civil Code, personal laws on bigamy, Sarla Mudgal Vs Union of India, and other judgments