The ugly face of bigamy
By Reeta Sharma

Some two ago back, I had expressed my concern and apprehension about the ugly face of bigamy in this column. Today I am going back to the same issue because of an alarming increase in such cases, in which concrete evidence of various shades of bigamy is available, as well as the existing law to deal with it. The reprehensible practice was banned in Independent India by the Hindu Marriage Act in 1955. However, within 40-odd years, bigamy is crawling back rather viciously.

A Haryana police constable was arrested on the charge of bigamy. His second wife brought to the notice of the court that he had married her though he already had a legally wedded wife. Much against the law, the constable had concealed the most crucial information from her in connivance with his parents (also arrested).

This is one case supported by evidence where a woman could approach the court. But there are thousands of other women who are not in a position to knock at the doors of the court for lack of either evidence or enough courage to confront and face the consequences. Bigamy is yet another addition to the many other trends making a mockery of Indian heritage. Cases are pouring in at various Crimes Against Women Cells and courts.

Why is bigamy spreading? I personally feel that there is no single reason but there are a couple of contributing factors. The law breakers no more feel a sense of social shame or face outright condemnation by society. Infirmities in the law have also led to the rise in bigamy cases. For instance, take this case. Satnam Kaur (not her real name) was married to Harbans Singh (again a changed name) for 14 years. The couple had three children, a son and two daughters. Satnam was shocked to learn that her husband had rented a two-room set for the receptionist working in his business house. Both had married in some far-off gurdwara. The girl was actually expecting a child. Everyone in the neighbourhood was aware of the illegal relationship except, of course, the wife. Society, except for having a kick in backbiting and gossiping, did not intervene. However, one day the aggrieved wife approached the girl. The latter was, in any case, frustrated with her situation that faced her at a young age. She was living (yet not living) with her so-called husband who would leave her alone every evening, to be with his legitimate wife. Reportedly, the girl went in for an abortion and got married to the boy of her parents’ choice, finally settling down at some undisclosed destination.

But many women fail to come to a rather satisfactory solution like that of Satnam Kaur. The case of Rimple Gondi (real identity) of Sector 30, Chandigarh, has been brought to the notice of the Punjab Istri Sabha (an NGO devoted to the cause of women). She was married on October 13, 1997, to one Navin Gondi, son of the lambardar of Khijrabad in Yamunanagar. Within the one year that she stayed in his home, Rimple discovered that her husband was having an illicit relationship with his bhabhi. The relationship of devar-bhabhi got exposed and the elder brother divorced his wife, a mother of two children. Interestingly, Navin was also thrown out of the joint family.

But Rimple had to face a far worse fate. After she and her husband began living in a separate house, the divorced woman moved into her home, making her life hell. Rimple says: "They both used to force me to have a particular brand of tea which made me dizzy. And one day they both beat me up in that state of mind and got some papers signed by me. But I don’t remember what was written on them".

Six months later she came to know what was written on them through a court notice, which said she had filed for a divorce from Navin, stating that she had lived with him only for a month and also that she did not want any maintenance allowance. Why would Rimple not want any compensation? How ironical... that a wife who could not even afford to go in for a divorce would not want compensation! She is the daugher of an extremely poor widow, below the poverty line category, working as a daily wager in a factory. Rimple has no land, money or a job to fall back on. Her mother can neither support her at present, nor is she in a position to marry her for the second time. Even in the first place, Rimple was married by her massiji and massaji, who bore all the expenditure on her wedding to Navin.

A significant dimension to Rimple’s case is that the man wants to get rid of his legitimate wife. But in most other cases, the man wants to have his cake and eat it too — that is why it is bigamy. There are also cases where the man, at some stage, wants both the women to live under one roof to ease economic pressures. Is it not really a man’s world?

At least I am convinced that the doors for practising in bigamy were opened the Dharmendra an Hema Malini. Till then, men were wary of condemnation by society at large, from the law and other repercussions. But I do not personally underestimate the impact of films and filmi heroes and heroines on the minds of the Indian people. They look up to filmi folks and films for a righteous path and judicious code of conduct (the noble person respecting the law while the villain is expected to break the law and all norms of society). Bigamy-inclined men saw a role model in Dharmendra and Hema Malini, who not only broke the law but also successfully cocked a snook at it openly.

Here I must share that one of Chandigarh’s extremely talented artists, rather under-employed in an office, and already married with one kid, was all set to marry a fellow artist, seriously arguing: "If Dharmendra can manage two marriages, why can’t I?" Of course, he was not counting on law or his low salary. Sense prevailed upon him when some friends intervened. Guess what? The poor wife, till date, is not aware of what was about to happen to her. The artist never took into account, besides law, the social disorder, the pain he would cause, and the illegitimate status of his children from the second woman. Following in the footsteps of Hema Malini and Dharmendra, some wayward husbands tend to ignore the fact that the filmi folks do not have to bother about the economics of life. But under the law of the land, both Hema’s daughters would always remain illegitimate, despite her visibly desperate efforts at socially legitimising them with the surname Deol.

For a long time I have stopped seeing Hindi films. I packed off my television set as well some seven years ago. So it is only rarely that I view a Hindi film. But as if to spite me, the last one that I happened to watch was an Anil Kapoor-Ravina Tandon film. I do not remember the title, but I sure was shocked to find it openly advocating bigamy. The main character is shown marrying another woman, who is under hard-pressed circumstances, and finally expects his legitimate wife to accept this second woman. When she refuses to do so, he walks out of the house. The director then sends both women running after him to bring him back and live happily ever after. One wonders why the Censor Board passed the film, which openly makes a mockery of Indian law.

One school of thought is that bigamy is a direct outcome of the breakdown of the institution of marriage. If that be so, why have women (at least the very rich and economically well established) not started the practice of having two husbands? The majority of women in India continue not only to believe in the institution of marriage but also to try to save their marriage by making heavy sacrifices. I know for sure that there are women who can very well afford to walk out of marriages and are beautiful as well as professionally well placed to be able to find another husband. Yet they cling to even the worst types of promiscuous, cruel and disrespectful types of husbands. Here I must also add that there are many noble men still around. All these aforesaid arguments do not apply to them.

That there is a rise in bigamy cases is clear from the number of cases received by the Crimes Against Women Cell. In Chandigarh alone, in 1996-97 it received 26 cases. And in 1997-98, 43 complaints were submitted to the cell. The Punjab Istri Sabha received 14 cases during 1996-97 and 29 during 1997-98. Mrs S. Grewal, a social activist, says: "In Punjab too there are many cases of bigamy now being highlighted. Earlier, women bore with the pain silently but now they are gathering some courage to fight against this particular humiliation being caused to them. Many cases have been registered and courts approached".

Says Justice R.L. Anand: "Indulging in bigamy is punishable under the Hindu Marriage Act of 1955. Under Section 493, 494 and 495, there is ample scope to deal with these types of offenders. While Section 493 and 495 have a provision for awarding up to 10 years imprisonment, 494 on the other hand, if used, can put the guilty behind bars for 7 years".

However, there is a lacuna in the laws dealing with bigamy. The courts are not supposed to take any cognisance of this offence if the aggrieved parties choose to remain silent. If the legitimate wife does not object, courts are not to take notice of any such practice. The law does not seem to be geared to the situation, keeping in view the conditioning of the mind of a majority of Indian women, who tend to be easily subjugated, and the social set-up, wherein a woman divorced or confronting her husband in the courts has very fragile support to fall back on.

Yet there is some hope. One, that the aggrieved party in a case of bigamy can approach the court. Two, that if not the wife, then any of her relations like her mother, father, brothers, sisters and even uncles and aunts can bring this illegal practice to the notice of the court.