"Polygamy Should Not Be Legally Recognized": Dila Sangraula

Kathmandu: Central member of the Nepali Congress and head of the Professional and Intellectual Department, Dr. Dila Sangraula Pant, has expressed serious concern over the government's proposed plan to legally recognize polygamy.

Former President of the Nepal Women’s Association, Sangraula issued a statement on Tuesday, stating that since polygamy is a criminal offense, any proposal to amend the law and recognize it is unacceptable.

She said, “Polygamy is a criminal offense. The proposed amendment to legalize polygamy contradicts Nepal’s social, cultural, and moral foundations. At a time when the country is facing several pressing issues, the move seems like playing an untimely tune without any justification.”

Sangraula further argued that polygamy goes against gender equality and human rights, harming women's dignity and self-respect while increasing inequality and division between men and women. She asserted that the proposed law would insult the majority of Nepali women.

“The Constitution of Nepal guarantees the right to gender equality. Based on this right, the Criminal Code 2074, implemented on Bhadra 1, 2075 (August 17, 2018), has fully prohibited polygamy. Any second marriage is automatically invalid unless the first marriage is legally terminated,” the statement read. “Therefore, this draft goes against the principles of gender justice and equality.”

Sangraula also criticized the notion that legalizing polygamy would ensure women’s security, saying that such arguments are rooted in patriarchal thinking. She warned that a law that protects one woman by violating the rights and dignity of another cannot be considered just.

She further stated that legalizing polygamy would likely increase violence against women, domestic conflict, sexual exploitation, and inequality. This would be against Nepal’s Constitution, past Supreme Court verdicts, and international commitments made by the country. She demanded that the draft be withdrawn immediately before it is presented in Parliament.

Although the amendment to Section 175 of the Criminal Code is reportedly under discussion in the Cabinet, the Law Minister recently stated that such provisions are not included in the current draft.

However, new clauses (5a and 5b) have been proposed in the amendment. Clause 5a of the proposed amendment to Section 175 states: “Notwithstanding anything mentioned elsewhere, if a child has been born from a marital relationship or if the woman is pregnant, the marriage shall not be annulled solely because of punishment for polygamy.”

Previously, any second marriage was automatically invalid. Current laws stipulate that anyone convicted of polygamy can be sentenced to one to five years in prison and fined between NPR 10,000 to NPR 50,000.