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Himanta Biswa Sarma spearheads transformative changes in Assam, unveiling a robust plan to ban polygamy and combat child marriage, with nearly 98% public support, this legislative leap aims to shape a brighter, equitable future for Assam's residents

In the vast democratic tapestry of India, the move by Assam's government stands out, portraying a state that listens, evolves, and marches forward
 |  Satyaagrah  |  News
Draft bill to ban polygamy will be ready in 45 days with provisions to address love jihad, 98% of responses support the bill: Himanta Biswa Sarma
Draft bill to ban polygamy will be ready in 45 days with provisions to address love jihad, 98% of responses support the bill: Himanta Biswa Sarma

In an unprecedented move, Himanta Biswa Sarma, the dynamic Chief Minister of Assam, has affirmed the state's commitment towards social reform by setting in motion a legislative machinery that seeks to abolish the archaic practice of polygamy. The announcement, made on 2 September, signals a new dawn for Assam and showcases the government's proactive stance on bringing about transformative societal change.

The declaration resounds with the commitment and swiftness that the Assam government operates under Sarma's leadership. As revealed by the chief minister, the draft bill aiming to outlaw polygamy is not merely an idea; it is well on its way to being materialized within an impressive timeframe of the next 45 days. A December date with the state assembly awaits the bill, marking a potential landmark moment in the annals of Assam's legal history.

Himanta Biswa Sarma, known for his transparent governance, had previously sought public participation in this reformative journey. The state government's call for public insights on this significant move was answered with an overwhelming 149 proposals. The essence of democracy is truly mirrored in these numbers. While a staggering 146 recommendations lauded and favoured the legislation, only a meagre three expressed dissent. This massive 98% approval rate reinforces the collective ethos of Assam and underlines the pressing need for the bill.

Addressing an assembly of allies from the Bharatiya Janata Party in Tinsukia, Sarma shed light on the rigorous consultative process behind the scenes. "A dedicated legal committee had the mandate to introspect on the feasibility of such a ban," said the chief minister. With a glint of optimism, he shared, "Their reflections have been largely affirmative."

Reiterating the collective voice of Assam, Sarma added, "The outpouring of suggestions on the proposed bill has been heartwarming. A whopping 146 of the 149 received are supportive of the endeavour. This is not just about a bill; it's the pulse of Assam echoing its desire for change."

In the vast democratic tapestry of India, the move by Assam's government stands out, portraying a state that listens, evolves, and marches forward. The days to come promise intense legislative debates, discussions, and deliberations. But for now, Assam has firmly placed itself on the map as a state that champions progressive reform, reflecting the dreams and aspirations of its people.

Decoding Assam's Pursuit of Reformative Legislation: Diving Deeper into the Polygamy Ban Initiative

Chief Minister Himanta Biswa Sarma's assertion that Assam is on the precipice of introducing a bill to ban polygamy has created ripples not only in the region but across the nation. However, his recent declaration revealed another layer to the initiative, further showcasing the state government's meticulous approach to addressing contemporary challenges. Sarma enlightened, "While our primary objective with this law is to combat polygamy, it will also encompass provisions to address the contentious issue of love jihad."

Guiding Assam's citizens and the wider national audience through the government's strategic road map, Sarma explained, "The forthcoming days will witness the completion of the bill's final draft. I am optimistic that by December, our assembly will be actively discussing and potentially ratifying this path-breaking legislation."

Taking a leap back in time to provide context, it's crucial to highlight the state administration's methodical approach to this undertaking. On 21 August, in an exemplary display of participative governance, the state administration invited the people's voice. The clarion call was clear: "Share your thoughts; contribute to a law that will reshape our societal fabric." With a deadline set for 30 August, the Assamese were asked to opine on the pivotal matter of polygamy's prohibition.

However, what made this public notice even more insightful was its attempt to educate. Quoting the findings of a specially constituted expert committee, the notification delineated the intricate balance of legislative powers in India. It illuminated, "Our constitution, a beacon of federalism, allows both the Union and the States to legislate on subjects like 'Marriage', courtesy of the Concurrent List. But the Doctrine of Repugnancy (Article 254) offers a cautionary note: any state law that clashes with a central one would be subservient unless it bears the seal of the President of India's approval."

The notice astutely added an educational note about the constitutional boundaries of religious rights. While Articles 25 and 26 vouchsafe the freedom of conscience and religious practice, they are not unfettered. They must bow to societal welfare, public order, morality, health, and overarching legislative decrees.

Assam's transparent journey towards this legislative milestone is a masterclass in how democratic machinery should function, making its people not just passive beneficiaries but active contributors to the process. This ongoing initiative reaffirms that in Assam, governance is truly by the people, of the people, and for the people.

The legislative pursuit to ban polygamy in Assam isn't merely a superficial endeavour. Beneath the surface lies a profound examination of constitutional tenets, a deep dive that aims to harmonize individual religious rights with societal welfare and reform. The state's recent notification affirmed, “While personal liberties under Article 25 are sacrosanct, they aren't unbridled. Laws endorsing monogamy do not infringe upon them.” Providing a fresh perspective, the notice underscored, “In terms of Islam, Indian courts have discerned that polygamy isn't an indispensable facet of the faith. Therefore, capping the number of wives one can have doesn't thwart religious practice. Instead, it finds resonance in the larger narrative of societal betterment and transformation.”

This profound constitutional analysis isn't a lone endeavour. Earlier this year, in May, Assam showcased its commitment to due diligence. The state government instituted an illustrious panel of legal luminaries to meticulously assess the state assembly's jurisdiction in enacting this potential law. At the helm was Justice (Retd.) Smt. Rumi Kumari Phukan. Accompanying her were legal stalwarts like Shri Devajit Saikia, the Advocate General of Assam, Shri Nalin Kohli, the Senior Additional Advocate General of Assam, and Shri Nekibur Zaman, a Senior Advocate from the revered Gauhati High Court.

August 6 marked a pivotal moment in this journey. The expert committee, after an intensive study, presented its findings. Their unequivocal conclusion? Assam's legislative assembly holds the reins to forge such transformative legislation. The path was further paved by the state's inclusive approach. It wasn't just about expert opinions; the state ardently sought perspectives from every stakeholder, making it a collaborative venture.

What Assam has showcased isn't just legislative ambition, but a lesson in participative democracy, meticulous research, and an unwavering commitment to both individual rights and societal evolution. The state's journey encapsulates the very essence of robust governance, where every step is measured, every voice valued, and every action aimed at holistic betterment.

Assam's ever-proactive Chief Minister Himanta Biswa Sarma isn't just focusing on one issue; he's orchestrating a multi-pronged approach to uplift the state on numerous fronts. His recent declarations resonate with an intent that's firmly rooted in action.

One such pioneering step is the state's tenacious resolve against the long-standing, deeply rooted issue of child marriage. Not only has the CM laid out a strategic plan, but he's also laid emphasis on its regularity. He remarked, "Every half year will witness our unyielding campaign against child marriage. And this September isn't just about awareness; it's about enforcement." Sarma's confidence in Assam's police is commendable. His prediction? "This September, expect some significant arrests," a statement that not just hints but assures a crackdown against the perpetrators.

But Sarma's vision isn't solely domestic-focused. It expands to the larger conversation about the state's law and order. The Armed Forces Special Powers Act (AFSPA), a contentious legislation, has long been in the spotlight. It grants the Indian Armed Forces unparalleled powers in regions declared "disturbed." Instituted in 1958, this act, while instrumental in some areas, has also garnered criticism over potential misuse. The 'Disturbed Areas Act' of 1976 further complicates matters, requiring such areas to maintain the 'disturbed' status for a minimum of three months.

Addressing this, Sarma elucidated, "The decision to retain or withdraw AFSPA isn't unilateral. While we, as the state government, have our stance, the final call rests with the Union government. Constructive dialogues are in the pipeline, and by month-end, Assam will have clarity."

What shines through in these developments is Assam's commitment to betterment, both socially and in governance. Under the leadership of CM Sarma, the state is charting a path that's not just about decisions but decisions made with foresight, inclusivity, and a holistic view of progress.

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