Chief Minister Himanta Biswa Sarma : In a significant development, Assam Chief Minister Himanta Biswa Sarma recently announced that a Bill aimed at putting an end to polygamy will be introduced within the current financial year. This decision comes after an expert committee submitted its report on the state’s competence to frame laws addressing polygamy.
In this article, we will delve into the details of this matter, the implications for Assam, and the potential timeline for the legislative process.
Chief Minister Himanta Biswa Sarma : The Expert Committee’s Verdict
The expert committee, headed by Justice (Retd) Rumi Kumari Phukan, was established by the Assam government to evaluate the state’s capacity to enact laws concerning polygamy. Their report, submitted to Chief Minister Sarma, unequivocally concluded that the state possesses the authority to formulate laws on this matter.
Unanimous Agreement on Legislative Competence
Addressing a press conference, Chief Minister Himanta Biswa Sarma highlighted the unanimity of the expert committee’s conclusion. The committee found that the state government indeed has the right to frame laws addressing polygamy. This consensus marks a significant step towards Assam’s potential prohibition of polygamous practices.
Polygamy and Legal Ambiguities
One key point of discussion was the ambiguity surrounding age in the Muslim law. The committee pointed out that the Muslim Personal Law (Shariat) Act, 1937 lacks a specific mention of age.
To align with the Protection of Children from Sexual Offences (POCSO) Act, the committee suggested the enactment of a state legislation with provisions similar to those in the POCSO. This move would help remove any contradictions and ensure a comprehensive legal framework.
The Role of the President
Chief Minister Himanta Biswa Sarma mentioned an essential detail highlighted by the committee: the necessity for the President’s assent for the proposed Bill, as opposed to the Governor. This insight sheds light on the process that will be required to formalize the legislative change.
Assam Polygamy Law: The Timeline
With a clear direction from the expert committee, Chief Minister Himanta Biswa Sarma assured that the polygamy law would be introduced within the current financial year. While the exact session for presenting the Bill is yet to be decided, options include the September, December, or Budget sessions of the Assembly.
This cautious approach aims to provide ample time for in-depth debate among Members of the Legislative Assembly (MLAs) due to the novelty of such a law in Assam.
The Role of the Uniform Civil Code (UCC)
Chief Minister Himanta Biswa Sarma acknowledged that the scenario could change if the Uniform Civil Code (UCC) is implemented before the state’s proposed polygamy law. The interplay between these legal frameworks adds an intriguing layer to the unfolding narrative.
Public Opinion and Stakeholder Views
In response to concerns about public opinion and stakeholder views, Chief Minister Himanta Biswa Sarma emphasized the welcoming response from diverse communities. He mentioned that Hindu, Muslim, Buddhist, and other communities have shown support for this initiative.
While there might not be an immediate need for extensive consultations, the government remains open to incorporating the perspectives of stakeholders.
Opposition Stand
The opposition parties criticized the government’s move to enact a polygamy law, considering it a diversionary tactic, especially amidst ongoing discussions about the Uniform Civil Code (UCC). They view this as an attempt to shift attention away from UCC-related matters.
A Step Towards Women’s Empowerment
Chief Minister Himanta Biswa Sarma concluded by highlighting the positive implications of the proposed law. He stated that Assam is on the path to creating a more empowering environment for women, irrespective of their background or faith. This aligns with the government’s commitment to fostering gender equality.
Conclusion
The expert committee’s report marks a significant milestone in Assam’s journey to address polygamy through legislative action. With the state government’s dedication to introducing the polygamy law within the financial year, Assam stands poised to take a progressive step towards gender equality and legal clarity. The path ahead may be shaped by debates, discussions, and potential collaborations with stakeholders.
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FAQs
What is the expert committee’s conclusion regarding Assam’s authority to frame laws on polygamy?
The expert committee unanimously agreed that the state government has the competence to enact laws addressing polygamy.
What legal ambiguities were highlighted by the committee?
The committee emphasized the absence of age-specific provisions in the Muslim Personal Law (Shariat) Act, 1937. They suggested aligning the state legislation with the POCSO Act for consistency.
How will the President’s involvement affect the proposed polygamy law?
The committee recommended that the President’s assent would be required for the Bill’s formalization, emphasizing this over the Governor’s role.
What is the timeline for introducing the polygamy law in Assam?
Chief Minister Himanta Biswa Sarma assured that the law will be introduced within the current financial year, with the session yet to be determined.
How is the Uniform Civil Code (UCC) connected to the polygamy law?
The Chief Minister Himanta Biswa Sarma acknowledged that the UCC’s implementation could influence the scenario surrounding the proposed polygamy law._