Muslim Marriage and Divorce Registration Law to Be Repealed in Assam: What This Means and What Will Change?
The Assam Cabinet took a big step on Friday, nullifying the Assam Muslim Marriage and Divorce Registration Act, 1935, indicating a change in direction toward the state’s adoption of a Uniform Civil Code.
Assam Chief Minister Himanta Biswa Sarma referred to the Act as “age-old” and said that this ruling is a step toward the state’s eventual ban on underage marriages.
The historic Assam Muslim Marriages & Divorces Registration Act was repealed by the Assam government on 23.22024, marking a momentous step. The terms of this legislation permitted marriage registration even in cases where the bride and groom had not attained the legally mandated ages of 18 and 21, respectively. In a social media post on X, Himanta Biswa Sarma said that “this move marks another significant step towards prohibiting child marriages in Assam.”
The historic Assam Muslim Marriages & Divorces Registration Act was repealed by the Assam government on 23.22024, marking a momentous step. This law included clauses that permitted marriage registration even in cases when the couple had not attained the legally mandated ages of 18 and 21.— February 23, 2024, Himanta Biswa Sarma (@himantabiswa)
According to the Hindustan Times, Assam minister Jayanta Malla Baruah stated that the move is in line with the state’s attempts to enact the Uniform Civil Code throughout the region.
Uttarakhand made history earlier this month when it became the first state in the nation to enact the Uniform Civil Code (UCC) in the assembly, establishing uniform regulations for marriage, divorce, and inheritance for all residents of the state.
WHAT IS AFFECTED BY THE REPEAL?
At present, the legislation permits Muslim persons to register weddings and divorces voluntarily, giving the Assam government the authority to provide licenses to Muslim individuals for the purpose of recording these events in the state.
Those people will not be able to register weddings and divorces when this statute is repealed.
Furthermore, the registration records now maintained by 94 Muslim Marriage Registrars will be transferred to the district commissioners and district registrars of the state. The government would provide Muslim marriage registrars a one-time payment of Rs 2 lakh apiece to help with their recovery after the repeal.
According to Jayanta Malla Baruah, the state wants all marriages—religious or not—to be recorded under the terms of the Special Marriage Act when it repeals the law.
“All marriages should be registered in accordance with the provisions of the Special Marriage Act that we currently have,” Baruah said.
Baruah highlighted that the move is a component of the state government’s commitment to fighting child marriage and called the repealed statute as “not in line with today’s society.”
“We would also see underage weddings being recorded under this (Act) — of guys under 21 or girls under 18 years old. Thus, this is a significant step toward our goal of ending child marriage entirely,” he said.
According to the 2011 Census, 1.06 crore Muslims, or 34% of Assam’s total population of 3.12 crore, are Muslims.
The chief minister of Assam, Himanta Biswa Sarma, said earlier this month that a measure to outlaw polygamy in the state will be introduced during the budget session. This announcement came after the chief minister said some weeks before that Assam will join Gujarat and Uttarakhand as the third state to adopt a Uniform Civil Code.
The UCC and anti-polygamy laws have been examined by the Assam cabinet. On the anti-polygamy measure, we were working, and Uttarakhand had passed the UCC. During the meeting, Sarma said, “An expert committee is working on aligning the two aspects so we can bring a more robust legislation.”
