Polygyny in India

Polygamy, including polygyny, is outlawed in India. While it was not prohibited in Ancient India and was common among aristocrats and emperors, it is believed that it was not a major cultural practice. The lack of prohibition was in part due to the separation between land laws and religion (independence of the judiciary), and partially since all of the major religions of India portrayed polygamy in a neutral light.[1] According to some government data polygamy is decreasing day by day in India.[2][3]

Gayatri Devi, the third wife of Sawai Man Singh II of Jaipur, pictured by Cecil Beaton in 1940

History

Vedic period

In Rig Vedic time women in India enjoyed a very high status. The monogamy was mostly common these days but some wealthier sections also practiced polygamy.[4]

Ancient period

In contrast to Europe, polygamy prevailed in ancient India among rich merchant, warriors and feudal lords. It was a common rule rather than an exception. Hindu text Mahabharata also mentioned about polyandry and polygamy.[5][6][4]

Colonial

Marrying multiple wives was common for rulers even in colonial era also. For example Bhupinder Singh of Patiala and Fateh Singh of Udaipur and Mewar practiced polygamy. Similarly some wealthy individuals for example Ramkrishna Dalmia, Gajanan Birla and P. Rajagopal had multiple wives.[7]

The British colonial Empire of India permitted Islamic provinces to allow husbands to have multiple wives. When Maharaja Ranjit Singh was cremated in Lahore, four of his wives and seven concubines took to sati,[8] and their urn-like memorials exist at his Samadhi.[9]

Polygyny

Section 494 and 495 of the Indian Penal Code of 1860, prohibited polygamy for the Christians. In 1955, the Hindu Marriage Act was drafted, which prohibited marriage of a Hindu whose spouse was still living.[10] Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives and for Hindus in Goa and along the western coast where bigamy is legal.[11]

Muslim polygamy

In religious text

There is no religious injunction directing Muslims to marry more than one wife. As described in Quran, extract demonstrates compassion for neglected female orphans, allowing Muslims to contract multiple marriages if they are willing to deal with them justly. This includes second, third, and fourth marriages, provided they can handle them justly.[6]

Muslim personal law

Muslims in the rest of the country are subject to the terms of The Muslim Personal Law (Shariat) Application Act of 1937, interpreted by the All India Muslim Personal Law Board.[12] This personal law permited them to have upto four wives at the same time and makes them the only community in India to practice polygamy.[3]

However, in a judgment in February 2015, the Supreme court of India stated that "Polygamy was not an integral or fundamental part of the Muslim religion, and monogamy was a reform within the power of the State under Article 25".[13]

Polygamy in modern India

Although In modern India a polygamous marriage is null and void by the law (except Muslims), it sometimes accepted in some rural areas mostly among tribals, often with approval by earlier wives.[14][2][15]

The 2005-06 National Family Health Survey (NFHS-3) found that 1.9 percent of women reported that their husband had other wife or wives besides herself. Further surveyed by NFHS-5 during 2019-2021 it decreased to only 1.4%. Polygamy declines with income improvement, with 2.4% of poor households experiencing it, compared to 0.5% of rich households.[16][3]

Percentage distribution of polygamy practice by religion
Religion 2005-06 2019-21
Hindu 1.8% 1.3%
Muslim 2.6% 1.9%
Sikh 0.3% 0.5%

Chand is a social drama film dealing with the story of a woman who navigates the challenges of being a second wife in a polygamous marriage. Even though the movie was released in the year 1959, the film was based in the year 1955, before the abolishing of polygamy.

Mizoram

In Mizoram state, a Christian sect known as "Lalpa Kohhran Thar" (literal translation "The Lord's New Church"), sometimes known as "Khuangtuaha Pawl" or "Pu Chana Páwl" or "Ziona Pawl" (referring the leaders; pawl means sect or organisation) practices polygamy.[17][18] Khuangtuaha (1891–1955) formed the sect in 1942, and was supported by his younger brother Chana (1910–1997). Chana introduced polygamous marriage and had seven wives.[19] Khuangtuaha followed suit and married three wives.[20] Chana's son, Ziona (1945–2021), was the most prolific polygamous man of the sect. At the time of his death in 2021, he had 38 wives, 89 children and 33 grandchildren.[21][22][23] But polygamy is not practiced freely; men are allowed to marry wives only if they can support them by livelihood,[24] and this is decided by the priests.[20] Only the leaders and their elite lineages are usually able to afford the conditions; thus, it is not widely practiced.[25]

See also

References
  1. "Polyandrous family customs in India". Drishtikone. 23 August 2008. Retrieved 16 May 2016.
  2. "Multiple wives most common among tribals: NFHS data". The Times of India. 28 July 2022. ISSN 0971-8257. Retrieved 7 July 2023.
  3. "It's not just Muslims who have multiple wives in India. But practice has declined across faiths". ThePrint.in. 2023.
  4. Rout, Naresh. "Role of Women in Ancient India: January - 2016 Odisha Review | Indian Religions".
  5. Adebayo, Adesoji Kolawole; Bankole, Fisayo Andrew (2019). "An Appraisal of Polygamy in Contemporary Family Law Practice: Validity and Challenges". African Journal of Law and Human Rights. 3: 59.
  6. Singh, Suraj Kumar. (2012). Polygamy in India - With Special Reference to the Bulkiest Constitution in the World. SSRN Electronic Journal. 10.2139/ssrn.2018822.
  7. "The Birlas: Representing a fascinating saga in Indian enterprise". India Today. Retrieved 8 July 2023.
  8. Samadhi of Ranjit Singh – a sight of religious harmony, Pakistan Today, JANUARY 16, 2016, NADEEM DAR
  9. ‘Sati’ choice before Maharaja Ranjit’s Ranis, Kanwarjit Singh Kang, 28 June 2015
  10. Agnes, Flavia (1995). "Hindu Men, Monogamy and Uniform Civil Code". Economic and Political Weekly. 30 (50): 3238–3244. ISSN 0012-9976. JSTOR 4403569.
  11. "The law on polygamy among religious groups in India". The Indian Express. 11 May 2023. Retrieved 8 July 2023.
  12. "The law on polygamy among religious groups in India". The Indian Express. 11 May 2023. Retrieved 8 July 2023.
  13. "Polygamy not integral part of Islam: SC | India News - Times of India". The Times of India.
  14. Menski, Werner (16 December 2013). Modern Indian Family Law. Routledge. ISBN 978-1-136-83992-4.
  15. Kapur, Mallika (16 July 2015). "Some Indian men are marrying multiple wives to help beat drought". CNN. Retrieved 7 July 2023.
  16. "Multiple wives most common among tribals: NFHS data". The Times of India. 28 July 2022. ISSN 0971-8257. Retrieved 7 July 2023.
  17. Vanlalchhuanga (1984). An Zirtirnate [Their Teachings] (in Mizo). Aizawl (India): Gosen Press. pp. 51–54.
  18. Baruah, Sriparna B. (2011). "Baktwang – The Carpentry Hamlet of Mizoram". Retrieved 11 July 2021.
  19. Mathews, Jane (21 October 2011). "One big happy family (all 181 of them)". Express.co.uk. Retrieved 28 July 2021.
  20. Dokhuma, James (1997). Zoram Tualto Kohhran Chanchin [Indigenous Denominations in Mizoram] (in Mizo) (2 ed.). Aizawl (India). p. 65.{{cite book}}: CS1 maint: location missing publisher (link)
  21. Nath, Hemanta Kumar (13 June 2021). "Mizoram's Ziona Chana, head of world's largest family, passes away at 76". India Today. Retrieved 14 June 2021.
  22. "Ziona Chana: Head of 'world's largest family' dies in India's Mizoram state". BBC News. 14 June 2021. Retrieved 14 June 2021.
  23. Gupta, Swati; Rahim, Zamira (14 June 2021). "The head of the 'world's biggest family' has died at age 76". CNN. Retrieved 16 June 2021.
  24. "Man with 160-member family in Mizoram". Deccan Herald. 9 November 2011. Retrieved 17 June 2021.
  25. Udas, Sumnima (31 October 2011). "Is 160 enough? One Indian man's family". CNN. Retrieved 14 June 2021.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.