MyAdvo behaves like a legal janitor. All you have to do is choose only one that meets your criteria. They have advanced legal arguments against polygamy in Islam. There are even books today that elaborate and show the fate of Muslim women who have been victims of the practice of polygamy. Under Indian law, a person cannot marry or keep two women at the same time. Such a practice is illegal and punishable. It is very difficult to calculate in how many countries polygamy is legal, since the practice of polygamy is still followed in many places, although it is considered illegal by the laws of such a country. In her book, Pratixa Baxi highlights the problem of rebuilding ”consensus” in the daily practice of the Indian legal system. In another article, Baxi argues that habeas corpus allows the state and the law to engage in sexual governance. It is not uncommon to read reports describing how a woman`s biological family is using the state by filing a habeas corpus action to recover a girl who escaped. Hadiya`s case is a striking example of a biological family using the state because their biological family and the lower courts in India refused to accept their consent to marry a partner of another religion.
Judicial acceptance of ”consent” in intimate relationships is gender-specific. Judicial efforts to ensure the rights of LGBTQIAP+ people are limited to the decriminalization of various sexual orientations in Navtej Singh Johar v. Union of India (`Article 377`). In Joseph Shine v. Union of India (`the adultery case`), the Supreme Court decriminalised adultery and repealed Section 497 of the Indian Penal Code as unconstitutional because the asymmetry contained in that provision treats women as persons who do not have capacity to act and therefore constitutes discrimination on the basis of sex. While this is an important legal change, the adultery case is also a missed opportunity for the court to expand the notions of marriage and sexual autonomy. While most people consider the practice of polygamy to be illegal, some people still follow it. Thus, the practice of polygamy in India varies from religion to religion in legal terms. I spoke to Broué in an email interview, and she remembered her experience talking to viewers. One of the questions he was asked was a common question that annoys most polycules members.
Is polyamory the same as polygamy? ”I gave the usual answer: polygamy is about being `officially` in union (from the Greek word gamos) with someone, whereas in polyamory we talk about intimate relationships without social recognition,” says Broué, who is herself polyamorous. But over time and the introduction of the Hindu Marriage Act, the practice of polygamy was abolished. Today, it is illegal in India among Hindus. Buddhists view marriage as a worldly affair and not as a sacrament. Therefore, each Buddhist country has its own attitude towards polygamy. For example, Thailand legally recognized polygamy in 1955, while Myanmar banned polygyny in 2015. Email us your request to support@myadvo.in or simply call us at +91-9811782573 to resolve any legal issues. The lack of legal protection for polyamorous families makes their existence under dominant mononormative narratives tricky. Polyamorists are often pathologized by lenses of abnormality, infidelity, immorality, illegitimacy and promiscuity.
These narratives do not give a fair picture of the consensual and egalitarian nature of polyamory. Consent is crucial for polyamorous and ethically non-monogamous relationships. The polyamorous community is constantly in dialogue about what ”consent” and ”equality” mean to them in practice. The inclusion of polyamory in the law could lead existing legal discourses to adopt a deeper understanding of consent in family law. Therefore, there can be no specific and definitive answer to the question of whether polygamy is legal or not in India. Muslim acceptance of polygyny is exemplified by the fact that polygamy is most common in the Middle East and North/Central Africa, the regions of the world with the highest concentrations of Muslims, and illegal in most other regions. In addition, several countries recognize polygamous marriages between Muslims, but not between practitioners of other religions. Most members of Bangalore Polycules said that sex is not the key factor driving them to polyamory.
In fact, he broke off two relationships for Manham when he realized that the partners were only there for sex. ”I thought we were in a relationship,” he says. One respondent said that while he hasn`t had a relationship yet, for him, platonic love goes beyond sex. He calls himself ”asexual” and thinks it`s possible to only be emotionally connected. Legal advocacy efforts to protect individuals from discrimination based on marital status must address the legal and judicial imposition of heteronormativity and mononormativity. Three structural factors support such a legal imposition of mononormativity in India. Family laws in India are largely based on a monogamous understanding of marriage as a relationship between a man and a woman. Islamic law is an exception here. Even in the case of Islamic law, polygyny is recognized as a gendered practice. In Hinduism, polygamy is prohibited and illegal under codified personal laws. But in Muslim law, the situation is different. Since Muslims are allowed to have four wives, while bigamy is legal in Goa and along the west coast.
The unhealthy practice of polygamy will spread the disease and there will be no control over the population. Therefore, the practice of polygamy in India should never be legalized. If you are dealing with polygamy in India, the legal aspects can be better understood after consulting a lawyer. Polyamory is about equality and equality: every person in a relationship has the same rights, regardless of gender, sexual orientation or age. But what Broué remembers most is seeing so many women in the audience, mostly ”young women.” This confirmed their belief that polyamory is a way to assert oneself as a free person. ”It`s both personal and political,” she says, ”a feminist way of living relationships.” But even today, legal polygamy in which states depend a lot on the laws of this country. In the current scenario, if someone asks you – is polygamy legal in Hinduism – the answer is NO. One of the many ways in which anti-discrimination laws seek to provide far-reaching protection to people with different relationship statuses is to include ”marital status” as a reason for legal protection. Both bills contain provisions prohibiting discrimination on the basis of marital status – if one cannot be discriminated against on the basis of marital status or the absence of such status. The bills include the LGBTQIAP+ community in their definition of marital status.
However, there is no recourse in these bills for polyamorists, as marital status is defined as a ”couple,” making it silent on issues related to the number of partners. Comprehensive equality and anti-discrimination laws drafted for India have provided that the exclusion of certain parts of society from protection constitutes a form of discrimination. These bills have the opportunity to go beyond the existing mononormative frameworks in the law and involve polyamorists. A recent Madras Supreme Court ruling, which broadened ideas about parties to marriage by including trans women as ”women” and banning forced sex reassignment surgery on intersex children, paves the way for challenging dominant normative frameworks that tend to legally exclude marginalized groups. Before discussing the legality or otherwise of polygamy in India, one must first understand the meaning of ”polygamy”. ”They see my polyamorous relationships as a `macho` thing and want me to engage with a girl and have children,” he says. But none of my partners are ready to get married, and honestly, neither am I. And having illegitimate children will bring other problems.
With the exception of the Solomon Islands, polygamous marriages are not recognized in Europe and Oceania. In India, Malaysia, the Philippines and Singapore, governments recognize polygamous marriages, but only for Muslims. In Australia, polygamous marriage is prohibited, but polygamous relationships are common in some Indigenous Australian communities. In Indonesia, polygamy is legal in some areas, such as Bali, Papua and West Papua. Balinese Hinduism allows polygamy, practiced for centuries by balinese and Papuans. .