Assam Proposes Firing Government Employees Who Practice Polygamy and Denying Them State Welfare

The CSR Journal Magazine

The Assam government has announced a proposal to amend the Assam Services (Discipline and Appeal) Rules, 1964, aimed at dismissing any government employee found to have engaged in polygamous practices. Finance Minister Jayanta Mallabaruah articulated this intention during his budget speech on July 11, highlighting a commitment to promoting gender justice and responsible family values.

According to Mallabaruah, the amendment seeks to establish clear consequences for individuals who violate the proposed regulations. He emphasised that government servants practising polygamy will face dismissal in accordance with established legal processes.

Impact on Welfare Scheme Eligibility

The Finance Minister’s proposal extends beyond employment repercussions, suggesting that any male identified as practising polygamy would also lose eligibility for government welfare schemes. This approach aims to discourage polygamous relationships by linking them to the denial of state benefits.

Furthermore, it was reported that any individual convicted of an offence under criminal law would also be ineligible for benefits from government welfare schemes. This aligns with broader legislative measures taken by the Assam government to address issues of gender equality and responsible social conduct.

In May 2023, the government passed the Uniform Civil Code (UCC) Bill, aimed at banning polygamy and criminalising child marriages. This legislative move underscores the administration’s commitment to safeguard women’s rights and establish a uniform legal framework across the state.

Uniform Civil Code Legislation

The Uniform Civil Code (UCC) Bill, which was introduced in the Assam Legislative Assembly earlier in May, manages various aspects of personal law, including marriage, divorce, succession, and live-in relationships. The bill mandates the registration of marriages within a 60-day timeframe, with live-in relationships required to be registered within 30 days. Non-compliance with these regulations could result in penalties.

Significantly, the draft Bill includes provisions that prohibit polygamy, thereby reinforcing the government’s stance on promoting monogamous relationships. The UCC bill is positioned as a measure to prevent exploitation, fraud, and other unlawful practices within personal relationships.

Under the provisions of the proposed legislation, those found guilty of engaging in polygamy or bigamy could face imprisonment of up to seven years, as dictated by Section 82 of the Bharatiya Nyaya Sanhita (BNS), 2023. In addition, violations related to child marriage, or marriages enacted without valid consent, would be subject to penalties of up to two years in prison or fines, or both, under the Prohibition of Child Marriage Act, 2006.

Moreover, marriages conducted through coercion, deception, or force will be punishable with severe consequences, including up to seven years of imprisonment and additional fines, highlighting the stringent measures the government seeks to implement against unlawful marital practices.

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