Why Is Assam Repealing Muslim Marriage And Divorce Registration Act?

On July 18, the Assam Cabinet decided to repeal the Muslim Marriage and Divorce Registration Act and Rules of 1935 to reduce the menace of child marriages in the state. The Chief Minister of Assam, Himanta Biswa Sarma, shared the news through a tweet which said that the repealing is aimed to "ensure justice for our daughters and sisters by putting additional safeguards against child marriage." It also aims at bringing  "parity in registration of marriage and divorce." The proposal for discarding the law will be presented in the next monsoon session of the assembly. 

Why Is Assam Repealing Muslim Marriage And Divorce Registration Act?

As per the reports, the decision to repeal the 89-year-old British-era Act was proposed and approved in February itself. It is now being reconsidered to finally implement it. During the recent meeting, a new Bill was introduced to abolish the Muslim Marriage and Divorce Registration Act- The Assam Repealing Bill 2024. 

Soon after the Cabinet Meeting chaired by him, Sarma tweeted, "We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage." 

He further added, "In the meeting of the #AssamCabinet today we have decided to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules 1935 vide the Assam Repealing Bill 2024." 

Sarma also talked about replacing the bill with another legislation. He said on X, "The State Cabinet has also been directed that a suitable legislation be brought for registration of Muslim marriages in Assam, to be considered by the next session of Assembly."

We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage.

In the meeting of the #AssamCabinet today we have decided to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules 1935… pic.twitter.com/5rq0LjAmet

— Himanta Biswa Sarma (@himantabiswa) July 18, 2024

As per the reports, 40% of the population in Assam is Muslim. The Act allowed voluntary registration of marriage and divorce by Muslims. A Muslim was authorised to register for Marriage and Divorce with the aid of the registration. The Act also allowed the marriage of boys and girls who are under the permissible age of marriage. It just needed approval by the guardians. The government also gave the licence since the Act allowed such arrangements. 

The abolishment of the Act was approved earlier also

After the Act's abolishment was approved in February, the authority was taken away.

In a massive state-wide crack-down against child marriage in October last year, Assam police arrested 1,000 people for committing child marriage. However, most of them got bail because the Act allowed child marriage. In fact, in the first two months of 2023, more than 3,000 were arrested under the Prohibition of Child Marriage Act 2006. In February this year, the number only grew to 4,363 cases. 

The Bhartiya Janata Party-led government of Assam said that the Act was against the social norms of today.

The earlier tweet of CM while abolishing the Act 

Talking about child marriage in the Muslim community, Sarma earlier said, “We launched a tirade against child marriage. However, some got bail in the high court as this Act allows the registration of underage marriages. Is it not our responsibility to amend and rectify this Act."

He also added, "This Act contained provisions allowing marriage registration even if the bride and groom had not reached the legal ages of 18 and 21, as required by law. This move marks another significant step towards prohibiting child marriages in Assam."

CM also thought about adopting UCC

Sarma was also thinking of bringing the UCC to Assam. He said, "Under UCC, there are basically four points: there cannot be marriage without attending a certain age, men cannot have two wives, a woman is entitled to a share of parental property and live-in relationships must be registered so that their offspring can also inherit parental properties. In UCC, there are no customs or precedents. UCC does not deal with ways of worship and is not connected to one’s faith.”

Chief Minister Sarma had earlier said that child marriage would be eradicated from the state by 2026. The cabinet introduced the ‘Mission for Prevention of Child Marriage’ with an allocation of 200 crores.