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Addressing a press conference here, he said the expert committee, which submitted its report earlier during the day, has unanimously agreed that the state can frame its laws to end polygamy.
“The report unanimously said the state government has the right to frame laws on polygamy. The state government is competent to enact such a law,” he added.
The panel mentioned that the assent on the Bill has to be given by the President instead of the Governor, Sarma said.
“The committee has pointed out that there is no mention of age in the Muslim law. So, to remove the contradiction with the POCSO Act, we can bring a state legislation with the same provisions as those in the POCSO,” he added.
Asked if Assam will bring in a law to end polygamy, the chief minister replied in the affirmative.
“Within this financial year, the law will definitely come,” he added.
It will be decided whether the Bill concerned will be brought in during the forthcoming September session or December or the Budget session of the Assembly, Sarma said.
“We will have to give time to the MLAs to debate this bill as such a law was never introduced in Assam. We will take a decision in our Cabinet meeting,” he added.
The chief minister, however, said that if the Uniform Civil Code (UCC) comes into force before the state’s planned polygamy law, the scenario will be different.
When asked if the government will take the views of civil society organisations, he said, “There is not much need to take the opinion of groups and social organisations because we have got the pulse that Hindu, Muslim, Buddhist and all other communities have welcomed this initiative.
“There is no reason to oppose it. However, if the Cabinet decides to take the opinions of all stakeholders, there is no problem as we have time for that. Not many people are against this step.”
The opposition parties had earlier slammed the decision of the government to enact a law on polygamy as diversionary and communal, especially at a time when suggestions on the UCC are being received by the Law Commission.
Earlier in the day, the expert committee formed by the Assam government to examine the competence of the state legislature to enact a law to end polygamy submitted its report to the chief minister.
Sarma shared pictures of the committee members handing over the report to him and the cover of the document on Twitter.
“Today, the expert committee submitted its report. Assam is now closer to creating a positive ecosystem for women’s empowerment irrespective of caste, creed or religion,” he added.
On May 12, Sarma announced the formation of the four-member expert committee headed by Justice (Retd) Rumi Kumari Phukan.
Besides Phukan, the other members of the committee are the state’s Advocate General Devajit Saikia, Senior Additional Advocate General Nalin Kohli and Senior Advocate Nekibur Zaman.
On July 18, the Assam government had extended the term of the committee by a month with effect from July 13 to August 12.
The committee was initially given a deadline of 60 days to submit its report. It was tasked to scrutinise the provisions of the Muslim Personal Law (Shariat) Act, 1937 along with Article 25 of the Constitution in relation to the Directive Principles of State Policy for a Uniform Civil Code.
On July 13, Sarma had said the Assam government conveyed to the authorities concerned that it was in support of the UCC and wanted to ban polygamy immediately in the state.
The UCC is a matter which would be decided by Parliament, but the state can also take a call with the assent of the President, he said.
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