Manipal Law School, MAHE Bengaluru Campus

Essentials of Sociology CIA-II

“Polygamy in India”

Submitted by: Devyani Singh

BA LLB (Hons.)
5th Semester
226501003

1
INTRODUCTION:
The terms "poly" and "gamos" combine to form the word polygamy. "Poly" means "many," and
"gamos" means "marriage." Thus, the term "polygamy" refers to several marriages. The practice
of having two or more spouses at the same time is known as polygamy. There are two forms of
polygamy: polygyny, in which a man marries many women, and polyandry, in which a woman
marries multiple men.

POLYGAMY IN SOCIETY:
A form of marriage in which one individual has several spouses is known as polygamy. Although
polygamy and polyandry were common in ancient India, it seems unlikely that the general
population ever endorsed such
practices. Rich merchants and
members of the military classes were
the main practitioners. In ancient India,
polygamy was a social, moral, and
religious requirement as well as a
matter of personal preference and
prestige symbolism. In traditional Hinduism, marriage was intended to produce children and fulfil
a person's dharma by performing out certain obligations.1Polygamy is a controversial practice that
is subject to many misconceptions. Either a husband and several wives or a wife and several
husbands are considered to be involved in this practice. These days, the most common kind of
"polygamy" is when a male has several wives. Muslims, Hindus, and other religious and cultural
groups have all practiced it, hence it is neither Western nor non-Western2.

1
Brooks, Thom. “The Problem with Polygamy.” Philosophical Topics, vol. 37, no. 2, 2009, pp. 109–22. JSTOR,
http://www.jstor.org/stable/43154559. Accessed 10 Nov. 2024.

2
Rampal, Nikhil, and Nikhil Rampal. “It’s not just Muslims who have multiple wives in India. But practice has
declined across faiths.” ThePrint, 18 May 2023, theprint.in/india/its-not-just-muslims-who-have-multiple-wives-in-
india-but-practice-has-declined-across-faiths/1578799.

2
RELIGION, LAW & POLYGAMY:
1. Hindus: Hindus: Hindu polygamy is prohibited and considered illegal by the Hindu
Marriage Act, 1955. Section 11 of the Hindu Marriage Act, 1955, declares polygamous
marriages null and illegal. In addition to Sections 494 and 495 of the Indian Penal Code,
1860, Section 17 of the Hindu Marriage Act, 1955 Act also punishes those who engage in
it. The Hindu Marriage Act's rules also apply to Buddhists, Jains, and Sikhs because they
are all regarded as Hindus and do not have their own laws.
2. Islam: According to Muslim personal law, a Muslim man is permitted to have four wives
or spouses at the same time. Such an arrangement is accepted and permitted under Muslim
personal law. Although a Muslim man is permitted to have four spouses concurrently, a
Muslim woman is not. It is forbidden for a Muslim lady to marry more than one person.
She is not allowed to be in more than one relationship. This illustrates how polygamy is
treated legally in Muslim marriages. Many Muslim women have spoken out against the
practice of polygamy. According to Muslim personal law, polygamy is a prevalent practice.
A Muslim man can marry over than one woman, but only if his laws allow it. Islamic
personal law does not view polygamy as an offence. It is a part of an ancient social custom
that has been practiced for many generations.

REASONS OF POLYGAMY IN INDIA:

1. Religious and Cultural Practice: In certain
cultures, polygamy is seen as a religious or
traditional practice. The Shariat Law, for instance,
recognises polygamy as a religious practice.
2. Infertility or Health Problems: Polygamy is
sometimes used when one partner is unable to
conceive because of infertility or health problems.
3. Social Security and Widow Remarriage: Polygamy is used in certain societies to give
young widows in the family social security compensation.
4. Exercise of Personal Choice and Freedom: With the agreement of all partners, polygamy
is a way to represent the freedom to select one's marriage arrangement.3

3
Giddens, Anthony. An Introduction to Sociology. United States, W. W. Norton, Incorporated, 2000.

3
DATA ANALYSIS:
Based on data from the National Family Health Survey (NFHS), study by the International Institute
for Population Sciences (IIPS)4 revealed that polygynous marriage is most common among
Muslims (1.9%), followed by other religious communities (1.6%), and least common among
Hindus (1.3%).
According to the NFHS, polygyny among Hindus is less common in Jammu and Kashmir,
Haryana, and Punjab, and more common in Telangana, Odisha, and Tamil Nadu. The prevalence
of polygynous marriage among Muslims is lower in Jammu & Kashmir, Maharashtra, and
Haryana, and higher in Odisha, Assam, and West Bengal.
Additionally, districts with a greater frequency of polygyny were discovered by the data. The states
of Odisha, Arunachal Pradesh, and Meghalaya were home to the majority of these districts. The
percentage of polygynous marriages in these districts is especially high in East Jantia Hills (20%),
Kra Daadi (16.4%), West Jaintia Hills (14.5%), and West Khasi Hills (10.9%). Furthermore, five
districts have more than 10% polygynous marriages, and 16 districts have 5%–7% polygynous
marriages. In particular, a significant number of the people in these districts are scheduled tribes.
Additionally, districts with a greater frequency of polygyny were discovered by the data. The states
of Odisha, Arunachal Pradesh, and Meghalaya were home to the majority of these districts. The
percentage of polygynous marriages in these districts is especially high in East Jantia Hills (20%),
Kra Daadi (16.4%), West Jaintia Hills (14.5%), and West Khasi Hills (10.9%). Furthermore, five
districts have more than 10% polygynous marriages, and 16 districts have 5%–7% polygynous
marriages. In particular, a significant number of the people in these districts are scheduled tribes.

4
International Institute for Population Sciences (IIPS) and ICF. 2021. National Family Health Survey (NFHS-5),
2019-21: India: Volume I. Mumbai :IIPS

4
The case studies that are mentioned discuss several locations and customs where polygamy is
most common for various reasons:

1. JODIDAR TRADITION:
This tradition has been followed
for a very long time, according to
the Hatti Community's members
in Giripar, Himachal Pradesh. It
is also prevalent among the Nair
people of Kerala, the Kinnaur
region, Zonsar Babar of
Uttarakhand, and the Toda Tribe
of Tamil Nadu. According to this
tradition, a woman may wed more than one brother in a household. These marriages are frequently
chosen by family members, and the girl must give her consent before the marriage may take place.
The Hatti Community refers to this practice as the Joridaar Tradition. Jodidari Tradition is also
known as Draupadi Tradition. For this custom to be maintained, both brothers must be at ease and
secure with each other. The ST list has been updated by the government to include this community.

5
 The inaccessibility of the location and the
continual risk of a man dying were two of
the causes; consequently, the lady married
many men to prevent herself from becoming
a widow. 5Another reason cites this custom
as a social necessity, whereby households
marry all of their males from a single family
with a single lady to prevent land partition.

5
National Geographic. “Multiple Husbands | National Geographic.” YouTube, 18 May 2007,
www.youtube.com/watch?v=d4yjrDSvze0.

6
 2. THE WATER WIVES:
Deganmanl- In this Maharashtra
community, water scarcity is a major issue.
There is no water supply in the dwellings,
and the nearest water source is hours
faraway. The sole sources of water are a
spring and the Bhatsa dam on a river. It
takes almost twelve hours to go to and
from both since they are so far apart.
Women have no time on the road to take
care of the home. In order to ensure that their homes had enough drinking water, males began the
practice of having many wives. Only fetching water for the house is the second wife's
responsibility. One of the four spouses that some men in the community have is legal, while the
other three are "Paani bais." In summer, they leave home at sunrise, carrying empty vessels on
their heads. Each vessel carries approximately 15 liters of water, and each women usually carries
two vessels on her head. Women do agree to marry for respect in society. Often, widows or single
mothers become water wives to regain respect in conservative rural India. Water wives have no
legal rights over the man they marry. They do not sleep with the man, have no say in household
affairs, and do not have any children. They get a place to stay and a separate room while the first
and legal wife manages the household. The village is located somewhere 180-200 km away from
Mumbai. Polygamy is a banned social practice in India.

7
“I know that having two or more wives
is a crime. But we don't have water and
there is no one else to fetch water for us.
The government is doing wrong by not
providing water to us. So, I also
committed a crime by marrying three
wives for water”.

8
 3. FATEHPUR: THE POLGYMAY VILLAGE OF INDIA:
Fatehpur village in Lakhimpur Kheri district, Uttar Pradesh, is known for its unique social practice
of polygamy, particularly prevalent among Hindu Brahmins and Thakurs. This practice, though
declining due to legal and societal changes, was once deeply ingrained in the village culture.
Polygamy in Fatehpur was historically accepted and even encouraged. Men often married multiple
times to enhance their social status, economic standing, and sometimes for reasons like infertility
or the death of a first wife. In some cases, women, especially those from economically
disadvantaged backgrounds, were coerced into these marriages. 6

Changing Dynamics:

In recent years, the practice of polygamy has significantly diminished due to several factors:

➢ Legal Implications: Increased awareness of laws against polygamy, such as the Hindu
Marriage Act, has deterred men from pursuing multiple marriages.
➢ Societal Shift: Changing societal attitudes, particularly among younger generations, have
led to a rejection of polygamy as a socially acceptable practice.
➢ Women's Empowerment: Women in Fatehpur are increasingly aware of their rights and are
more empowered to challenge societal norms and seek legal recourse against polygamy.

“Though the reasons for second marriage differ in most of the cases, in reality, men wanted to
carry on this tradition to earn more respect in the village”.

6
Singh, Kanwardeep. “In this UP village, polygamy is the key to respectability.” The Times of India, 21 July 2019,
timesofindia.indiatimes.com/city/lucknow/in-this-village-polygamy-is-the-key-to-
respectability/articleshow/70314084.cms.

9
Legacy and Challenges:

While polygamy is no longer as prevalent as it once was, its legacy continues to impact the village.
Some families still grapple with the social and legal consequences of past polygamous marriages,
including property disputes and child custody
issues. The village panchayat has played a role in
addressing these issues by establishing guidelines
for property division among multiple wives.
However, challenges remain, particularly in
ensuring the well-being of women and children
affected by past polygamous practices.

“My first wife, Bitona, was arrogant and would often leave the house. When she didn't agree to
come back even after six months once, I got remarried on the advice of my relatives. When Bitona
came to know about my second marriage, she came back, and I had to keep her as well. Later, I
had to equally distribute my agricultural land to both my wives as the panchayat had ordered.”

10
CRITICAL ANALYSIS:

In India, polygamy is a complicated combination of social, religious, and cultural elements. It

demonstrates legal disparities in a secular context since, although it is technically prohibited for
Hindus and others under the Hindu Marriage Act, it is nevertheless allowed under Muslim personal
law. The concept of "water wives" has been brought about by socio-environmental problems like
water shortage in areas like Maharashtra's Deganmanl, demonstrating how survival necessities
may influence and maintain polygamous behaviors. Although polygamy is seen by certain groups,
such as the Toda Tribe and the Nair people, to maintain family unity and avoid land partition, these
arrangements sometimes put women in precarious situations with little autonomy and legal
legitimacy. By upholding patriarchal standards and limiting women's legal rights, financial
independence, and social status, polygamy maintains gender inequality. However, polygamous
traditions are gradually declining, especially among younger generations, because of shifting
cultural attitudes, greater legal awareness, and women's empowerment. The systematic injustices
polygamy inflicts on Indian women and families must be addressed via focused education,
legislative changes, and women's support networks to bring about long-lasting change.

CONCLUSION:

The complex interactions between culture, religion, and socioeconomics within India's
heterogeneous social fabric are most clearly demonstrated by polygamy. Despite legal limitations
and shifting cultural norms, it continues to exist in certain communities as a customary reaction to
social and economic necessities.7 Although polygamy could seem advantageous in some
situations, it frequently has negative effects on women, including diminished autonomy, economic
dependence, and reduced legal rights. Particularly among younger generations, the trend towards
monogamous ideals points to a larger push towards individual rights and gender equality.
However, the persistent legacy of polygamy presents difficulties, especially for members of
marginalized groups where cultural norms and financial constraints still encourage polygamous
relationships.

7
Bailey, Martha, and Amy J. Kaufman. Polygamy in the Monogamous World: Multicultural Challenges for Western
Law and Policy. Bloomsbury Publishing USA, 2010.

11
SOURCES:

1. LEGISLATIONS:
a) The Hindu Marriage Act
b) Indian Penal Code (now Bharatiya Nyaya Sanhita,2023)
c) The Shariat Application Act
d) Special Marriages Act

2. ARTICLES:

a) Singh, Kanwardeep. “In this UP village, polygamy is the key to respectability.” The Times
of India, 21 July 2019, timesofindia.indiatimes.com/city/lucknow/in-this-village-
polygamy-is-the-key-to-respectability/articleshow/70314084.cms.
b) Brooks, Thom. “The Problem with Polygamy.” Philosophical Topics, vol. 37, no. 2, 2009,
pp. 109–22. JSTOR, http://www.jstor.org/stable/43154559. Accessed 10 Nov. 2024.
c) Rampal, Nikhil, and Nikhil Rampal. “It’s not just Muslims who have multiple wives in
India. But practice has declined across faiths.” ThePrint, 18 May 2023, theprint.in/india/its-
not-just-muslims-who-have-multiple-wives-in-india-but-practice-has-declined-across-
faiths/1578799.

3. SURVEYS & REPORTS:

a) Home | NITI Aayog. 30 Sept. 2024, www.niti.gov.in.

b) The DHS Program - India: Standard DHS, 2019-21.
dhsprogram.com/methodology/survey/survey-display-541.cfm.

4. TEXTBOOKS:
Giddens, Anthony. An Introduction to Sociology. United States, W. W. Norton,
Incorporated, 2000.

5. MEDIA LITERACY:

a) Surbhie. “‘Ek Pratha Ye bhi’ (One more Tradition) - Documentary FILM by

Surbhie.” YouTube, 28 Feb. 2020, www.youtube.com/watch?v=-GpK--KXIGg.

12
b) pharmdmsn. “Brothers share one wife - Fraternal Polyandry.” YouTube, 24 Oct. 2008,

www.youtube.com/watch?v=u7HKmu3eMEk.

c) “Multiple Husbands | National Geographic.” YouTube, 18 May 2007,

www.youtube.com/watch?v=d4yjrDSvze0.

d) “It’s not just Muslims who have multiple wives in India. But practice has declined

across faiths.” ThePrint, 18 May 2023, theprint.in/india/its-not-just-muslims-who-

have-multiple-wives-in-india-but-practice-has-declined-across-faiths/1578799.

e) RAAAZ by BigBrainco. “Indian Village of Multiple Marriages - Is Polygamy

Allowed in Hinduism?” YouTube, 26 July 2024,

www.youtube.com/watch?v=vpFd1MSkD6w.

13