Criminalization Of Polygamy In Nepal And Its Enforcement Challenges

15 Oct 2025 --
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1. Background and Legal Framework

a. Concept of Polygamy

Polygamy refers to the practice of having more than one spouse at the same time. In Nepal, polygamy traditionally existed among certain communities and was socially tolerated to some extent. However, with modernization, democratic values, and the constitutional guarantee of equality, the state began to criminalize such practices to ensure gender justice.

b. Constitutional Basis

The Constitution of Nepal (2015) provides:

Article 18 (Right to Equality): Men and women are equal before the law. Discrimination on the basis of sex is prohibited.

Article 38 (Rights of Women): Women shall have equal rights to lineage, property, and family life, and the right to be free from all forms of violence and discrimination.

Polygamy is viewed as a violation of women’s right to equality and dignity.

c. Statutory Provisions

Muluki Criminal Code, 2074 (2017)

Section 175 (1): Prohibits a man or woman from marrying another person while their first marriage is still valid.

Section 175 (2): Provides that any second or subsequent marriage during the subsistence of the first marriage shall be void.

Section 175 (3): Prescribes punishment — imprisonment up to five years and a fine up to Rs. 50,000 for the person committing bigamy/polygamy.

Earlier, the Muluki Ain (General Code) 2020 BS (1963) also criminalized polygamy under Chapter on “Marriage” (Biheko Mahal).

2. Enforcement Challenges

Despite its criminalization, polygamy remains prevalent in many parts of Nepal, especially in rural areas and among some traditional or indigenous communities. The main enforcement challenges are:

Social and Cultural Acceptance:
In some ethnic groups (e.g., Tharu, Gurung, Magar, and certain Madhesi communities), polygamy is seen as a customary practice. Social pressure prevents women from reporting such cases.

Economic Dependence of Women:
Many women lack financial independence, making them reluctant to report or pursue legal action against their husbands.

Lack of Awareness:
Illiteracy and lack of knowledge about women’s rights hinder effective enforcement.

Weak Investigation and Prosecution:
Police and prosecutors often consider polygamy as a “family matter” rather than a serious criminal offense.

Delay and Inefficiency in Judicial Process:
Long judicial procedures discourage victims from seeking justice.

3. Important Case Laws Related to Polygamy in Nepal

Here are more than five landmark cases that illustrate how Nepali courts have interpreted and enforced anti-polygamy laws:

Case 1: Saraswati Devi v. Hari Bahadur Thapa (NKP 2049, Decision No. 5323)

Facts:
The husband married another woman without divorcing the first wife, Saraswati Devi. The first wife filed a complaint demanding criminal action and cancellation of the second marriage.

Issue:
Whether the second marriage conducted during the subsistence of the first marriage was valid or not.

Judgment:
The Supreme Court held that the second marriage is void ab initio and punishable under the law. The Court clarified that even if the first wife later “consented” under pressure, the marriage remains illegal.

Significance:
This case reinforced the illegality of polygamy regardless of social consent or custom.

Case 2: Chandramaya Gurung v. HMG/Nepal (NKP 2058, Vol. 5, Decision No. 7771)

Facts:
The petitioner’s husband had married another woman claiming it was a “traditional Gurung practice.” The local authorities refused to register her complaint, citing customary law.

Issue:
Can cultural or customary practices justify polygamy?

Judgment:
The Supreme Court ruled that customary laws cannot override the statutory law prohibiting polygamy. The practice of polygamy violates the Constitution’s equality provisions and is criminal regardless of custom.

Significance:
The case emphasized that cultural traditions cannot justify discrimination against women.

Case 3: Kumari Gurung v. Shiva Bahadur Gurung (NKP 2063, Decision No. 8179)

Facts:
The husband married another woman while still married to Kumari Gurung, claiming his wife was infertile. The first wife filed for prosecution and annulment of the second marriage.

Issue:
Does infertility of the wife justify the husband’s second marriage?

Judgment:
The Court rejected infertility as a justification. It held that personal circumstances cannot override the prohibition on polygamy. The husband was convicted under the Muluki Ain and sentenced accordingly.

Significance:
The decision reinforced that no personal or social reason can validate a polygamous relationship.

Case 4: Kumari BK v. District Administration Office, Baglung (NKP 2072, Decision No. 9816)

Facts:
The petitioner alleged that her husband’s second marriage was officially registered by local authorities despite the first marriage still being valid.

Issue:
Can a government authority legally register a second marriage?

Judgment:
The Supreme Court held that government authorities must verify marital status before registering a marriage. Registering a second marriage constitutes administrative negligence and violates women’s rights.

Significance:
This case highlighted the accountability of state institutions in enforcing anti-polygamy laws.

Case 5: Laxmi Devi Thapa v. HMG/Nepal (NKP 2050, Decision No. 5671)

Facts:
Laxmi Devi’s husband entered into a second marriage and transferred property to his second wife. The first wife claimed her rights over the property and sought annulment of the second marriage.

Judgment:
The Court declared the second marriage void and restored the property to the first wife. The husband was punished under the then Muluki Ain.

Significance:
The ruling recognized property rights of the first wife and clarified that the second wife has no legal marital status or inheritance rights.

Case 6: Sabitra BK v. Nepal Government (NKP 2074)

Facts:
Sabitra BK, a Dalit woman, was abandoned by her husband who married a second woman from an upper caste. She sought both criminal punishment and compensation.

Judgment:
The Supreme Court ruled that polygamy not only violates criminal law but also constitutes caste-based and gender discrimination. The Court ordered prosecution and directed authorities to provide legal aid to the victim.

Significance:
This case linked polygamy with broader social discrimination issues, expanding the interpretation of women’s rights.

4. Conclusion

The criminalization of polygamy in Nepal reflects a significant legal and moral commitment to gender equality, dignity, and human rights. However, enforcement remains a challenge due to cultural acceptance, lack of awareness, and weak institutional mechanisms.

The judiciary, through progressive decisions, has clarified that:

Polygamy is void and punishable.

No custom, tradition, or social justification can validate it.

State institutions must actively prevent and prosecute it.

Summary Table of Cases

Case	Year (BS)	Core Issue	Court’s Decision
Saraswati Devi v. Hari Bahadur Thapa	2049	Validity of second marriage	Second marriage void
Chandramaya Gurung v. HMG	2058	Custom vs. law	Custom cannot justify polygamy
Kumari Gurung v. Shiva Bahadur	2063	Infertility as justification	Not a valid excuse
Kumari BK v. DAO Baglung	2072	Official registration of second marriage	Administrative failure punished
Laxmi Devi Thapa v. HMG	2050	Property rights of first wife	First wife’s rights upheld
Sabitra BK v. Nepal Government	2074	Caste and gender discrimination	Punishment + legal aid ordered