Repeal of Assam Muslim Marriage and Divorce Registration Law Expected to Bring Changes

The Assam Cabinet has approved the repeal of the Assam Muslim Marriages and Divorces Registration Act, 1935, in a bid to combat child marriages in the state, Chief Minister Himanta Biswa Sarma announced on X.

“The Assam cabinet made a significant decision on February 23 to repeal the long-standing Assam Muslim Marriages and Divorces Registration Act. This legislation previously permitted marriage registration even if the individuals involved were below the legal ages of 18 and 21, as mandated by law. This action represents a crucial stride in curbing child marriages in Assam,” he stated.

Explaining the rationale behind the repeal, the government cited the Act’s lack of mandatory registration for marriages and divorces, as well as its informal registration mechanism, which allowed for significant non-compliance with regulations.

“The Act’s provisions allowed for the registration of marriages involving individuals below 21 years (for males) and 18 years (for females), with minimal monitoring for enforcement,” the state government noted, as reported by ANI.

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Assam Minister Jayanta Malla Baruah highlighted that the move is aligned with efforts to implement a Uniform Civil Code in the state.

What will change after the implementation of this order?

The current law allows for the voluntary registration of Muslim marriages and divorces, with provisions authorizing the government to issue licenses for such registrations. However, following the repeal of this law, individuals will no longer have the option to register their marriages and divorces under its authority.

Upon the repeal of the law, the Assam government has announced that district commissioners and district registrars will assume responsibility for the registration records currently held by 94 Muslim Marriage Registrars. Additionally, the government has proposed providing a one-time compensation of ₹2 lakh to each Muslim Marriage Registrar as part of their rehabilitation process post-repeal.

Jayanta Malla Baruah, a minister in Assam, stated that the government aims to ensure that all such marriages are registered under the Special Marriage Act moving forward. He also highlighted concerns regarding the misuse of the repealed Act to register marriages involving underage individuals.

Government’s UCC promise

Since assuming office as the chief minister of the state, Himanta Biswa Sarma has prioritized the implementation of the Uniform Civil Code (UCC) in Assam, a key promise to the people. Earlier this month, he announced plans to ban polygamy in the state as part of this initiative.

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Sarma has consistently emphasized that Assam will follow in the footsteps of Uttarakhand and Gujarat to become the third state to implement the UCC. Recently, Uttarakhand passed the Uniform Civil Code bill in its assembly, replacing various religious personal laws governing marriages, divorces, and inheritance with uniform regulations applicable to all religions.

In January, Sarma affirmed that Assam’s UCC bill would mirror those introduced by Uttarakhand and Gujarat. He assured that the tribal community would be exempted from the UCC’s provisions and projected a timeline of 2-3 months for the bill’s introduction.

It’s noteworthy that the Uttarakhand bill also exempts tribal communities, a provision that has drawn scrutiny from Muslim bodies. AIMIM chief Asaduddin Owaisi has raised concerns, alleging that the UCC infringes upon the fundamental rights of the Muslim community.