The government is going to introduce a law to exempt polygamy, which is completely prohibited from 1 August 2075, on the day the Criminal Code came into force.
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The government is about to introduce a law to exempt polygamy, which is completely prohibited from 1st August 2075, in certain circumstances. Article 175 of the Code is going to be amended so that if a married man becomes pregnant or gives birth to a child while extending his relationship with another woman, the second marriage will be maintained. The Ministry of Law has already prepared its draft.
According to the ministry, preparations for amending the law have been made as women have become victims of the legal situation where second marriage is impossible. The right to marry is free. If someone's heart is not with the first wife, he has a relationship with another woman and if a child is born, the second woman's life is ruined if that relationship is not converted into marriage, many women end up on the streets,'' says Paraswar Dhungana, secretary of the Ministry of Law. There is also a provision to get from parents but their relationship cannot be that of husband and wife. There is also a legal provision that polygamists are imprisoned for one to five years and fined from 10,000 to 50,000.
Article 175 of the Criminal Code states that 'polygamy should not be practiced'. Sub-section 1 under it mentions that a married man should not marry a second time while the marital relationship continues. By amending it, instead of saying 'married men', the draft of the bill says 'any married person'.
"This prevents both men and women from having polygamy," Secretary Dhungana said, "Under the current system, women were allowed to marry a second time, now that will end."
In sub-section 2, it is written that 'a woman shall not marry a man knowing that he is married', which has been repealed by the draft bill. In sub-section 3, there is a provision that the husband and wife can enter into a second marriage if their share is equal. It has been retained in the draft amendment bill. Sub-section 4, which provides for imprisonment and fines for polygamy, has also been retained. Section 5 of the current Act states that polygamy is automatically void. In the revised draft, it is mentioned that the marriage performed under duress will be automatically annulled and the punishment will also be imposed, but the marriage will not be annulled if the woman becomes pregnant or gives birth to a child.
Jurists have objected that if the proposed draft is legalized, it will once again enter the 'epidemic' of polygamy in society. "This system is based on the old belief of patriarchy that no matter how many wives a man has, otherwise there cannot be two marriages in any civilized society," says former Chief Justice Sushila Karki, "this provision leads to violence against women." Enforcing it as a law will not only be a regression, it will be a major regression.' "Polygamy is not legally recognized in any civilized society in the world, including America, Europe, Japan, China, because the jurisprudence recognizes that polygamy is legally punishable and socially shunned," he says. Polygamy was completely banned in the country from 2075 due to great force, if it is removed, it will bring a shameful situation in front of the world.'
