Assam govt to transform Muslim marriage practices and protect women’s rights

The government of Assam has recently initiated important reforms regarding registering Muslim marriages within the state, sparking extensive public discussion and political consequences. Chief Minister Himanta Biswa Sarma has revealed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, which seeks to eliminate the conventional role of Qazis in the registration of Muslim marriages. This legislative measure is part of a wider effort to address issues such as child marriage and polygamy, while also strengthening the legal protections related to women’s marriage rights.

On August 29, 2024, the Assam Legislative Assembly enacted a new bill that requires all Muslim marriages and divorces to be registered with government authorities instead of religious clerics. This represents a notable departure from the Assam Muslim Marriages and Divorce Registration Act of 1935, which permitted Qazis to handle these registrations and included provisions that allowed for child marriages.

The new legislation

The new legislation states that all marriages must be registered with the government, specifically by district marriage registrars. The registration of child marriages will be considered illegal, in line with the state’s commitment to eliminate this practice. The minimum legal age for marriage will be strictly enforced, mandating that women must be at least 18 years old and men at least 21 years old at the time of marriage.

The Chief Minister highlighted that although the new legislation modifies the registration procedure, it does not disrupt the Islamic marriage rituals, asserting, “We are not interfering with the marriages solemnized by Islamic rituals under Muslim Personal Law at all.”

The introduction of this bill has elicited a varied reaction from different political groups. The ruling Bharatiya Janata Party (BJP) endorses the legislation as an essential reform aimed at safeguarding women’s rights and addressing the issue of child marriage.

In contrast, opposition parties, notably the All India United Democratic Front (AIUDF), have voiced their disapproval. AIUDF leader Aminul Islam raised concerns that the government should have considered amending the current act instead of completely repealing it, arguing that the new legislation may not sufficiently tackle the intricacies of Muslim marriage customs.

Furthermore, the Chief Minister has suggested the possibility of additional legislative initiatives, including a law targeting “Love Jihad” and implementing a Uniform Civil Code (UCC) to harmonize marriage laws across different religions in Assam. Sarma has indicated that the UCC would encompass provisions to prohibit underage marriages and polygamy, reflecting a more extensive agenda for reforming personal laws within the state.

The following statistics underscore the urgent need for this legislation:

The Annual Health Survey Data from 2012-13 indicates that 35% of currently married women aged 20 to 24 in Assam were married before 18. Furthermore, a report from India Child Protection (ICP) highlighted an 81% decrease in child marriage cases across 20 districts in Assam from 2021-22 to 2023-24, which is attributed to the legal measures implemented by the state government.

According to data from the state government, there were 3,098 arrests made in the initial two months of 2023 under the Prohibition of Child Marriage Act, 2006. Since February 3, 2023, the state has recorded 4,363 instances of child marriage.

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