Kathmandu, 13 Aug: The government is currently moving forward with a bill to amend the legal provisions related to polygamy. The “Bill to Amend the Criminal Code, 2017” is under consideration by the Cabinet’s Bill Committee. Through this bill, preparations are being made to change the existing legal provisions regarding polygamy.
The existing provision in the law, which allows a married man or woman to remarry, is being amended so that it will instead apply to “any married person.”
If, during a marriage, either the husband or wife deceives or lies to the other by claiming that they are not married or are not in a marital relationship, and a marriage occurs as a result, the court will require the deceiver or liar to pay appropriate compensation to the victim.
If a woman becomes pregnant and gives birth due to rape, or if a woman becomes pregnant and gives birth as a result of sexual relations with a male relative with whom marriage is prohibited under incest laws, it will no longer be automatically considered a valid marriage.
Even if a polygamous marriage is annulled, both parents will be required to bear the cost of raising the children according to their financial capacity.
Cases related to polygamy are treated as government cases, but the victim must file a complaint. If no complaint is made, the case will not proceed. Neighbors or villagers may act as informants, and if the police are informed, the case can still move forward. The complaint must be filed within three months from the date the victim becomes aware of the offense.
What is the new provision the government is trying to introduce regarding polygamy?
Through this bill, the government is preparing to amend Section 175 of the Criminal Code, 2017. The existing provision, which applies to married men or women, will be changed so that it refers to “any married person.”
If this amendment is passed by Parliament, Section 175(1) of the Criminal Code will read: “A married person shall not marry another person while the marital relationship is still in effect.” Along with this, the provision in Section 175(2) — which states that no woman shall knowingly marry a man who is already married — will be removed.
The government has proposed to add sub-sections (5A) and (5B) after sub-section (5) in this section. Currently, sub-section (5) of Section 175 of the Criminal Code states: “A marriage conducted in violation of sub-section (1) shall automatically be void.” This means that a marriage with a person who is already married is automatically annulled.
Under the government’s proposed amendment, a polygamous marriage will no longer be automatically void. In certain situations, it will not be annulled, but the person who commits polygamy will still face imprisonment and a fine.
For this, the government is planning to amend the Criminal Code and introduce a new provision. Under the new bill, the proposed sub-section (5A) states:
“Notwithstanding anything written in sub-section (5), if a child has already been born from the marital relationship, or if the woman is pregnant, such a marriage shall not be annulled solely on the grounds of punishment for the offense of polygamy.”
The government has proposed that, in cases where a woman becomes pregnant or gives birth to a child through an extramarital relationship, there will be a prison sentence of 1 to 5 years and a fine ranging from 10,000 to 50,000 rupees, but the marriage registration will not be annulled.
If this provision is passed by Parliament and implemented into law, men or women who commit polygamy will still face imprisonment and fines, but their marital relationship will remain valid. After serving their prison sentence and paying the fine, they will be allowed to continue their lives as a married couple under the government’s new proposal.
If a child has already been born from the marital relationship, or if the woman is pregnant, there will still be punishment for the offense of polygamy (1 to 5 years’ imprisonment and a fine of 10,000 to 50,000 rupees), but such a marriage will not be annulled. The government claims that this law is being introduced to ensure children’s citizenship and property rights. However, rights activists say that this will make the father’s identification mandatory for the child’s recognition, giving even more importance to men.
Another provision introduced by the government is in Clause 175, sub-clause 5(b), which provides for compensation in cases where marriage is conducted through deception or fraud. The proposed provision states:
“Notwithstanding anything written in sub-clause (5), if a man or woman marries contrary to sub-clause (1), by deceiving or falsely claiming to be unmarried or not in a marital relationship, the court shall order the person who deceived or lied to provide appropriate compensation to the victim.”
This provision is intended to provide compensation to those who are victimized by a second marriage conducted through deception or fraud, rather than in cases involving pregnancy or childbirth. It does not propose whether such fraudulent marriages would remain valid or be automatically annulled; it only mentions the right to compensation for the victim. Once this proposal became public, it faced widespread criticism. In response, the Bill Committee under the Council of Ministers formed a subcommittee for further study.
What is the government doing after the backlash?
The government faced widespread criticism for allegedly bringing a law that legitimizes polygamy. From social media to the streets and even in Parliament, the government was questioned: “Is the government trying to legalize polygamy?” Members of both the opposition and the ruling party demanded that ministers immediately answer in Parliament.
On August 5 (21 Shrawan), Minister for Law, Justice and Parliamentary Affairs Ajay Kumar Chaurasiya stood at the rostrum in the House of Representatives to respond to the public and parliamentary questions. He said that some media outlets and social media users had created public confusion and anger by interpreting proposals—intended to resolve implementation issues in the Criminal Code and other laws—based on speculation.
Chaurasiya stated that the current amendment process is based on a report prepared under the leadership of then Supreme Court Justice Anand Mohan Bhattarai and endorsed by the Supreme Court’s full bench. He added that the process to amend criminal and civil laws in line with the times had already begun under the previous government. While attributing the need for the amendment to the Supreme Court and the previous government, he explained that the process is now moving forward.
“There was discussion in the Council of Ministers’ Bill Committee. It was observed that the provisions on polygamy, marriage age, advance bail, and presidential pardons, among others, needed revision and amendment. Therefore, a subcommittee, coordinated by the Law Secretary at the Prime Minister’s Office, was formed to study the matter and present suggestions,” he said.
The subcommittee, led by Phanindra Gautam, Secretary at the Prime Minister’s Office, will also include representatives from the Ministry of Law, the Ministry of Women, the Law Commission, and the Office of the Attorney General. The minister assured that no bill, including those related to polygamy, that would negatively affect society would be tabled in Parliament.
What is the current legal provision on polygamy?
Part 3 of the Civil Code contains provisions related to marriage under family law. Section 67 states that a marriage is considered to have taken place if a man and a woman accept each other as husband and wife through any festival, ceremony, formal, or informal act.
Section 69 provides for the freedom to marry, stating that every person has the right to marry, establish a family, and lead family life in accordance with the law. Regardless of the type of marriage, it must be made public. Nepalese law requires both parties to be at least 20 years old to marry. Section 74 of the Civil Code states that if a child is born from physical contact between a man and a woman, the two are deemed to be married. “If it is proven that a woman became pregnant and gave birth to a child through physical contact with a man, the man and woman shall be considered married,” the code states.
However, Section 74(2) specifies that in cases where a woman becomes pregnant and gives birth to a child due to rape, or through physical contact with a male relative in a prohibited relationship, the relationship will not be considered a marriage. It also states that such a child’s constitutional and legal rights will not be affected.
Punishment and fine for polygamy
Chapter 11 of the Criminal Code, 2017, contains provisions on offenses related to marriage. Section 175 prohibits polygamy, stating: “A married man shall not marry another while the existing marital relationship is still valid. Likewise, a woman shall not knowingly marry a man who is already married.”
The penalty for committing or facilitating polygamy is imprisonment for one to five years and a fine of 10,000 to 50,000 rupees. Such marriages are automatically annulled under the current law. Both men and women involved are subject to punishment.
Who can file a case?
In polygamy cases, the first wife has the legal right to file a complaint against both her husband and the woman who became his second wife. This is considered a public offense, but the victim must file the complaint; if no one files, the case does not proceed, and the offense is considered condoned. Since polygamy is an offense against society, neighbors and community members can also report it. If the police are informed, the case proceeds.
Section 176 of the Criminal Code also sets a statute of limitations for such offenses: “If more than three months have passed since the date of learning about the offense, no complaint shall be entertained.” Thus, a complaint must be filed within three months by the victim, a household member, neighbor, or any community member.
If the police receive a timely complaint or information, they begin an investigation. After completing it, the police send the accused, along with the investigation report, to the government attorney, who then files the case in court.
What happens to the rights of children born from annulled marriages?
Nepal’s Constitution and laws guarantee children’s rights. Article 39 states: “Every child shall have the right to their identity, including a name and birth registration.” The Constitution also guarantees every child the fundamental right to education, health, care, proper upbringing, sports, entertainment, and overall personality development from family and the state.
Section 4(2) of the Children’s Act, 2018, states: “After the birth of a child, the father or mother must name the child and register the birth according to prevailing laws.” The Act also guarantees children the right to maintain relationships or have regular contact with their father or mother, unless restricted by a child court. Children in the care of an institution or guardian must be allowed to meet their biological parents or family. Section 7 provides that in cases of divorce or separation for any reason, both parents must contribute to the child’s upbringing expenses according to their financial capacity.
However, problems arise when such children apply for citizenship. While there is no problem in obtaining citizenship through the father’s name, children face administrative hurdles when applying under the mother’s name alone, as officials often insist on identifying the father. Currently, under existing law, second marriages are automatically annulled, but identifying the father of children from such relationships can still be problematic. The law ensures children’s rights even if the marriage is annulled, but bureaucratic complications remain—particularly regarding citizenship.
To address this, a bill allowing citizenship through the mother’s name alone is under consideration in the Federal Parliament. Passed by the House of Representatives, it is now in the National Assembly. The bill requires the mother to make a “self-declaration” if the father’s name is not provided. Citizenship would be issued with the father’s section left blank, and the district administration or subordinate area administration office would take the mother’s “self-declaration letter” as part of the legal process.
