What TV doesn't, print can't; we deliver.
What TV doesn't, print can't; we deliver.
GUWAHATI: In a notable move, the Assam state government has issued a directive requiring all government employees to seek prior permission from the government before entering into a second marriage.
The directive, signed by the Principal Secretary to the Government of Assam, IAS Niraj Verma, on October 20, was made public on Thursday, October 26.
According to the directive, any state government employee found in violation of this regulation by entering into a bigamous marriage will be subject to a departmental inquiry followed by appropriate disciplinary actions.
In his order, Niraj Verma cited Rule 26 of The Assam Civil Services (Conduct) Rules 1965, which states that “no government servant who has a wife living shall contract another marriage without first obtaining the permission of the government.”
The directive also applies to individuals belonging to communities where a second marriage is permissible in the presence of a living first spouse. “Notwithstanding that such subsequent marriage is permissible under the personal law for the time being applicable to him,” Verma emphasised.
For female government employees, the order explicitly states that “no female government servant shall marry any person who has a living spouse without first obtaining the permission of the government.”
Under this new rule, the state government’s Disciplinary Authority will launch departmental proceedings in cases of violation. The authorities have the power to impose major penalties, including compulsory retirement, on government employees found to have breached the regulation, as specified by Verma.
In addition to departmental proceedings, the Disciplinary Authorities are authorised to initiate legal penal actions through the court of law, following applicable legal provisions whenever such cases come to light, in accordance with the order.
Senior lawyers in Assam have noted that the rule is not a novel one but is already in place, as per the Assam Civil Services (Conduct) Rules 1965.
Senior lawyer A R Bhuyan, when interviewed by The New Indian, clarified that this rule has been in effect since 1956. He highlighted that despite the existence of this legal provision, there have been instances of bigamous marriages leading to disputes. Therefore, the government’s issuance of this notification serves as a reminder to the public.
Niraj Verma, in his order, stressed that the violation of Rule 26 of the Assam Civil Services (Conduct) Rules 1965 is a serious misconduct on the part of government servants, with significant implications for society.
This directive aligns with Assam Chief Minister Himanta Biswa Sarma’s announcement during his Independence Day speech on August 15 this year. He declared the state government’s intention to introduce legislation to prohibit polygamy in the state.
A committee was subsequently formed to draft the bill, and Sarma confirmed to the media last month that the legislation is slated to be presented in the state assembly in December of this year.
