An expert committee formed by the Assam government has said in its report that the assembly has the legislative competence to enact a law prohibiting polygamy in the state. This was informed by Assam chief minister Himanta Biswa Sarma after the four-member committee led by Justice (Retired) Rumi Phookan handed over the report of the committee to him.
Assam govt had formed the committee in May this year to examine the legal authority of the state legislature to implement a law prohibiting polygamy. Apart from justice Rumi Phookan, the other members of the committee were Advocate General Debajit Saikia, Additional Advocate General Nalin Kohli and lawyer Nekibur Zaman.
While the committee was asked to submit its report by July 13, later the term was extended by one month till August 12. Accordingly, the committee met the CM today and handed over the report. CM Himanta Biswa Sarma said that the report states that the legislature has the authority to enact such a law, with some conditions.
The CM revealed the same while addressing a press conference on the preparations for ‘Meri Mati Mera Desh’ campaign on the occasion of Independence Day. He said that he has not read the report because he received just two hours ago before attending the press conference, but he was given a summary of the report.
The committee has decided that while the state assembly can enact a law banning polygamy, the bill will have to be assented to by the president of India. In general, the bills passed by legislative assemblies are assented by the respective governor, while the president gives assent to bills passed by the parliament.
Apart from it, the assembly will have to amend some laws regarding to the age of marriage. The committee said that there is a conflict between minimum age for marriage between Muslim Personal Law and the POCSO Act. Moreover, the Assam Muslim Marriages and Divorces Registration Act, 1935 also does not mention a minimum age. Therefore, the state govt may have to introduce the minimum age in the state act to make it compatible with the POCSO Act.
The CM said that the govt is considering whether the bill be introduced in the upcoming autumn session in September or the Budget session next year. The autumn session will last only 3-4 days, and the legislators will be needed to be given enough time to study the bill, and this will be considered before deciding when the bill will be tabled, Sarma said.
However, CM Himanta Biswa Sarma confirmed that the bill will be finalised in this year itself. He said that there not much opposition to the bill from political parties, and the only apprehension of the govt regarding the matter was whether the state govt has the authority to bring such a law.