ABSTRACT
Since ancient times, Polygamy stands as one of the critical themes in different social orders. It is through social practices, convictions and furthermore on the people decisions that individuals choose to be focused on polygamy ways of life. There are ramifications to each kind of marriage that specific people may adjust to. It is also observed that women who have undergone into polygamous relationships encounter many problems in their daily lives. The research paper delves into the contribution made by the judiciary in order to have coherent understanding on polygamy. The readers also understand why Polygamy still needed in contemporary society and the impact of polygamy on families and society.
KEYWORDS
Polygamy, Polyandry, Marriage, Community, Judiciary, Democracy
INTRODUCTION
Polygamy is known to be in practice since a very long time. It is a practice where an individual has more than one spouse. Polygamy exists in two types: Polygny and Polyandry. The word ‘poly’ means many and ‘gyny’ means female. It refers to a man having more than one wife. The word ‘andry’ means male. It refers to a woman having more than one husband. The practice of polygamy was prevalent since ancient India where it was practiced by affluent merchants and people belonging to Brahmin and Kshatriya communities.
In ancient India, the polygamy was practiced as it became a means for the affluent communities to gain more strength, huge wealth, territories and other benefits. This practice also stood as a symbol of good status. In ancient India, polygamy was restricted to one’s individual choices, opinions, and also depends on social, religious and moral obligations. In India, the term ‘marriage’ holds a value of sanctity. It is believed that human life has four aims to achieve.
IS POLYGAMY STILL NECESSARY IN SOCIETY?
In Muslim law, practices like adultery, homo-sexuality and fornication are proscribed. Marrying is the only allowed way for satisfying one’s own sexual pleasures and desires. Marriage is a way to maintain one’s family lineage, fatherhood, bearing offspring and take responsibilities to maintain family and their welfare.
Due to large number of wars and conflicts, many people were targeted and largely exploited. It is reported that over ten million and twenty-five million people have lost their lives in World War I and II respectively. If we consider this, there will be many women who will become widows and ones who never got a chance to marry.
If every man commits himself to only one woman, then large number of women will be left without marrying and experiencing marital life. They will also fail to fulfil their sexual desires and pleasures. This might lead to increase in adultery and then their chidren might suffer due to lack of proper parenting and being without fathers. Allah created human beings and everyone has to marry and experience marital life and lead a family.
For an instance, if a wife of a man is suffering from a chronic disease which prevents herto have a natural marriage living, and then can the husband leave her and marry again? If he dies like that, it might lead to injustice to the wife. The Islam law in such case believes that a man can marry another woman while treating all of his wives equally by taking care of all her needs.
IMPACT OF POLYGAMY IN DAILY LIVES OF PEOPLE
The increase in polygamous marriages leads to consistent hostility between the partners, obstruction of positive development of their children, expansion and distribution of available economic resources. Due to polygamous marriages, there is a chance of population explosion. It is also observed that due to the nature of patriarchal society, there are many instances of unequal treatment and discrimination shown towards the women by their husbands. In a research, it was observed that five out of nine women have gone through financial, physical and sexual exploitation.
There has also been a negative effect of polygamy on the children. Children will suffer due to their father living with other wives. Polygamy also leads to allocation of less time towards children by their parents due to the hard times resulting due to less resources per individual. It eventually affects child’s all-round development and well-being. In polygamy, even the husband cannot show concern and take steps to fulfil the desires and needs of all of his spouses.
There is an urgent need to address this issue of not treating women properly. Every individual must be aware and needs to be educated about gender-equality and the importance of living together in harmony. Contemporarily, even if polygamy exists only among Muslims in India, everyone needs to be educated and take positive steps to lead a healthy and happy life so that the spouses of the man practicing polygamy and their children are not affected.
CONCLUSION
The practice of polygamy since ancient times has changed a lot till contemporary times. From the time where polygamy was practiced unrestrictedly by affluent class people and other communities in ancient India, it has traversed till today where it has been declared unconstitutional and is void under Hindu Marriage Act, 1955 and other statutes. But, people have been careless about the effects of polygamy on family including wives, children and the financial positions. Polygamy is also seen as a symbol of status.
Judiciary as an important organ of the democracy has always taken efficient steps to resolve conflicts between any aspect concerning peace and justice. Judiciary has always been in forefront to clear the disputes with regard to Indian personal laws and also laws related to polygamy. It has also dealt with the constitutionality of polygamy laws in India. Courts have also decided that polygamy among Muslims is not a religious obligation but only a practice that can be entertained due to their personal laws. Hindu practitioners cannot challenge the validity of polygamous marriages among Muslims. The society needs more laws which promote monogamy and its importance to strengthen the nation and should not be contrary to any fundamental rights.
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WRITTEN BY: PATHI HRUDAYA REDDY
