Nepal’s plan to legalise polygamy ignites debate

By Jheruleene Anne Ramos 

The Nepali government’s plan to legalise polygamy—the practice of having more than one spouse—has sparked heated debate as the South Asian country weighs tradition against modernity.

The Ministry of Law recently announced plans to introduce a law that would allow polygamy in certain cases, despite the practice being fully prohibited since 2018 under Article 175 of the Criminal Code, which states that “polygamy should not be practiced.”

The ministry also said it would amend sub-section 1 of the same article, which currently reads “a man should not marry a second time while the marital relationship continues,” to the gender-neutral “any married person,” as cited by Kantipur. 

Additionally, the proposed law would remove penalties for women who marry already-married men, making the law applicable to both genders.

YOU MAY ALSO LIKE: Surging screen time harms Nepali children’s development, say experts

New law aims to provide protection, reduce stigma 

Parasawar Dhungana, the ministry’s secretary, argued that the new law would protect women who currently lack legal rights in polygamous relationships and recognise children born out of extramarital affairs.

“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,” said Dhungana. 

He added that legalising such relationships would ensure women are not left without legal protection, including inheritance rights and financial support and would help reduce the stigma many currently face.

A regressive proposal 

However, jurists immediately criticised the draft law, warning that legalising polygamy could trigger a resurgence of the practice in Nepalese society.

Former Chief Justice Sushila Karki argued that the proposed provision would not protect women, but instead increase the risk of abuse, as polygamy is rooted in patriarchal traditions.

“This system is based on the old belief of patriarchy that [it doesn’t] matter how many wives a man has, otherwise there cannot be two marriages in any civilised society.” 

Karki also warned that passing such a law would be a major setback for the country, noting that polygamy is not legally recognised in countries like the United States, Japan and China, where it is considered both punishable and socially unacceptable.

“If it is removed, it will bring a shameful situation to the world,” he added. 

Women’s organisation demands withdrawal of the proposal 

The Nepal Women Association (NWA) also condemned the proposal, demanding its immediate withdrawal for undermining progress on women’s rights.

In a memorandum submitted to Minister for Law, Justice and Parliamentary Affairs, Ajay Kumar Chaurasiya, the NWA called the proposal “irresponsible, regressive and objectionable,” which would destroy the country’s hard-won progress on women’s rights. 

“Restoring this provision under any pretext would be a betrayal to the long and arduous struggle launched by women for justice and equality,” the memo reads, as quoted by the Rising Nepal.

The NWA also rejected the ministry’s justification, calling its argument to protect the rights of second wives and their children a “brazen attack” on women’s dignity.

Other pro-women groups threaten to stage protests 

Meanwhile, other pro-women organisations have vowed to protest if the government moves forward with the bill.

In a joint statement, the All Nepal Women’s Association (Revolutionary), All Nepal Women’s Association (Socialist), and Revolutionary Women’s Association Nepal said they would take to the streets if the government introduces legislation allowing polygamy or other anti-women measures.

They also pledged to continue fighting against systemic inequality, warning that such laws could lead to greater suppression and violence against women.

As debate intensifies, Nepal’s marriage laws and decades of gender equality efforts hang in the balance, with women’s rights at the centre of the storm.

READ MORE: Vietnam proposes incentives for women, families to boost birth rate