Assam repeals colonial-era Muslim Marriage Act, Aims to curb child marriages
Chief Minister Himanta Biswa Sarma expressed concerns about the growing Muslim population in Assam.
The Assam government has decided to repeal the Assam Muslim Marriages and Divorce Registration Act, of 1935, in a landmark move intended to curb child marriages. Chief Minister Himanta Biswa Sarma presided over a cabinet meeting on Thursday when the decision was made.
The 89-year-old Act from the colonial era allowed Muslim marriages and divorces to be voluntarily registered with the state. Additionally, it made it possible for the government to grant permits to Muslims so they could register these weddings and divorces upon request.
The Act has come under fire for making it possible to register minor marriages, against which the government has been actively cracking down. Over 1,000 persons were detained by Assam police in October of last year as part of a significant statewide campaign to end underage marriage.
The Assam Repealing Bill, 2024, has been passed by the state cabinet to abolish the Assam Muslim Marriages and Divorce Registration Act, of 1935. The Assam Legislative Assembly’s next monsoon session will see the introduction of this bill for consideration.
In addition, the government has ordered that appropriate legislation be introduced so that Muslim marriages in Assam will need to be registered. This will be covered in the upcoming assembly meeting. It is anticipated that the Act’s repeal will result in the following important changes:
Under the Act, marriages involving minors as the bride, groom, or both may be registered upon application by the guardians of the minors. This clause will be removed following the repeal. The new law will require Muslim marriages to be registered to improve record-keeping and stop underage unions.
The Act gave Muslim marriage and divorce registrars, or qazis, the authority to carry out these tasks. This repeal will result in the system’s elimination.
Standardization of Marriage Registration Procedures
The government repealed the Act and passed a new law to standardize the registration procedure for all communities.
The Assam Muslim Marriages and Divorce Registration Act’s repeal is seen as the state’s first move toward enacting a Uniform Civil Code (UCC). A UCC bill was approved by the Uttarakhand Assembly earlier this year, and a bill of a similar nature was also filed by the Gujarat government. The Assamese government has promised, nevertheless, that the tribal people will not be included in the proposed UCC law.
Chief Minister Himanta Biswa Sarma expressed concerns about the growing Muslim population in Assam, which prompted the decision to abolish the Act. Sarma made a contentious speech on Wednesday, stating that he is concerned about “changing demography” and pointing out that 40 percent of the state’s population is Muslim.
To stop child weddings and standardize marriage registration procedures, the Assamese government decided to repeal the Assam Muslim Wedding and Divorce Registration Act, of 1935.
You might also be interested in – 70,000 child marriages prevented in 265 districts across 17 states: NGO report
