Why Nepal’s Proposed Polygamy Law Change Harms Women and Breaks the Law

 A recent proposal to change Article 175 of Nepal’s Criminal Code aims to allow polygamous marriages to be recognized if the second partner becomes pregnant or has a child. While it claims to protect women and children involved in these relationships, the amendment raises serious legal, ethical, and constitutional issues.

Current Law and Its Purpose
Right now, Nepal’s law clearly prohibits anyone from marrying a second spouse while still legally married to the first. This law supports monogamous marriage and protects people from secret or unfair second marriages. Violating this law can lead to imprisonment and fines. This strict rule not only prevents polygamy legally but also signals that Nepal does not accept the practice, upholding gender equality and respect.

What the Amendment Proposes
The new amendment tries to create an exception: if a married person has a child with someone else, that second relationship wouldn’t automatically be considered illegal. It says this is to protect the child and prevent the second woman from being abandoned. However, children are already protected by law regardless of their parents’ marital status, so there is no need to legalize bigamous marriages to do this.

Legal and Social Problems
The amendment creates confusing and unfair legal situations. It wrongly suggests that having a child can override the existing law against bigamy. This could encourage people to bypass divorce or separation processes and enter second marriages secretly, knowing that pregnancy might protect them from punishment. It weakens the law’s power to prevent polygamy and undermines trust in the legal system.

Impact on First Wives and Their Children
The voices and rights of the first wife and her children are missing from the discussion. A legally married woman who has built a life and family could be left unprotected and hurt emotionally if her husband starts a second family. The amendment ignores her pain and sacrifices. Also, the children from the first marriage may face confusion and conflict over inheritance and family relationships. This law could destabilize families and send a harmful message that deception can be legalized.

Contradiction with Nepal’s Constitutional Values
Nepal’s Constitution guarantees equality and protects women’s rights. The country also follows international agreements against discrimination of women. Allowing this amendment would contradict these commitments by effectively legalizing polygamy, a practice Nepal has worked hard to abolish.

Although the amendment uses neutral language, in reality, it mainly benefits men. Given Nepal’s cultural context, men are more likely to take second spouses, while women rarely do. Thus, the law would reinforce male privilege under the guise of equality.

No Real Reform—A Step Backward
By recognizing certain polygamous relationships, the amendment doesn’t reform the law—it weakens it. Nepal had firmly outlawed polygamy after long struggles for justice and equality. This change would reopen doors that were meant to be closed, causing legal confusion and social problems.

Procedural Issues
The amendment process lacks transparency and public consultation. It’s unclear if it applies to past or future cases. No strong evidence has been presented to justify such a major change, and existing problems like poor enforcement of maintenance laws and lack of support for single mothers remain unaddressed.

What Should Be Done Instead
If the goal is to protect women and children, there are better ways: strengthen child welfare laws, provide legal help to women abandoned by unfaithful partners, and enforce paternity and maintenance rights. But blurring the line between lawful marriage and illicit relationships is dangerous and unjust.

Who Benefits?
This amendment mainly benefits men who choose to deceive their spouses. It abandons betrayed wives and ignores the children’s well-being. If passed, it would send a message that infidelity is acceptable and even rewarded in Nepal.

Conclusion
Nepal’s justice system must not let emotional arguments override constitutional principles. Sympathy without accountability leads to disorder. Maintaining a clear and firm law against polygamy protects women, children, and society. It is crucial to reject this amendment and uphold fairness, dignity, and trust in the law.