Bigamy And The Uniform Civil Code
- IJLLR Journal
- 1 day ago
- 1 min read
Varidhi Khaitan, Bhavya Sharma & Dhruv Parag Kulkarni, O.P. Jindal Global Law School
ABSTRACT
The paper critically examines the legal, social, and constitutional dimensions of bigamy in India and explores what the recently enacted Uttarakhand Uniform Civil Code has to say with respect to this age-old problem. The study traces the historical evolution of bigamy from its religiously regulated origins to its criminalization under the Indian Penal Code and the Bhartiya Nyaya Sanhita, underlining the inconsistencies inherent in India's plural personal-law framework - in particular, the differential treatment accorded to bigamy under Muslim personal law and the customary autonomy extended to Scheduled Tribes. The analysis argues that such tolerance for polygamy, as decreed by Muslim law, furthers significant gender-based disparities and causes emotional and economic harm to women and children, further exacerbating broader social instability. By evaluating the ban on bigamy within the Uttarakhand UCC, the study also shows that a uniform regime can further gender justice, social harmony, and constitutional equality and may possibly rationalize marriage regulation. Simultaneously, however, it questions the continued indulgence granted to Scheduled Tribes within the code and argues that such indulgence deprives the code of its asserted purpose of uniformity. The paper draws comparative lessons from Goa's Portuguese Civil Code, recommending that a Pan-Indian uniform civil code is still a necessity to align family law to constitutional goals and eradicate discriminatory personal-law exemptions. It concludes by emphasizing that what is required is a balanced, inclusive uniform civil regime that would ensure equality, protect vulnerable spouses and children, and uphold India's commitments to monogamous, rights-based family structures.
