Nepal formally banned polygamy on 1st August 2075 BS (July 2018 AD) under Article 175 of the Criminal Code, recognizing it as an outdated, patriarchal, and discriminatory practice that harmed the dignity, well-being, and security of women. Under current law, any marriage contracted while a prior marriage is still valid is automatically void, and the polygamist faces imprisonment and fines.

Historically, polygamy in Nepal has been linked to violence against women, forced marriages, and unequal power dynamics, which is why legal reforms banned it after decades of struggle for women’s rights.

However, a new draft amendment prepared by the Ministry of Law proposes to exempt polygamy if a married person fathers or gives birth to a child with another partner. This would allow a second marriage to stand if a child is born from an extramarital relationship. Effectively, this means that men who cheat on their wives could legally marry the second partner, if the second partner becomes pregnant.

Officials claim this is to “protect” women involved in affairs, but the proposed law directly undermines the rights and dignity of the first wife and incentivizes betrayal and infidelity. It reopens the door to legal polygamy, something that was abolished after years of social campaigning by women’s rights activists.

Former Chief Justice Sushila Karki and other jurists have warned that this amendment is regressive, will fuel polygamy, and will bring Nepal back into a shameful patriarchal tradition, eroding the hard-won progress made toward gender equality.

Globally, most modern and civilized countries — including the United States, European nations, China, and Japan — have outlawed polygamy because it is incompatible with human rights and equality principles.

Nepal should not roll back these vital protections. Upholding the current Article 175 is essential to guarantee women’s dignity, fairness, and justice in marriage and family life.