The Assam Muslim Marriages and Divorces Registration Act, 1935, was authorised for repeal by the Assam Cabinet on Friday. The action will assist the administration in preventing underage weddings in the state, according to a post made on X by Chief Minister Himanta Biswa Sarma.
The Assam government repealed the historic Assam Muslim Marriages and Divorces Registration Act on February 23. The terms of this act permitted marriage registration even in cases where the bride and groom had not attained the legally mandated ages of 18 and 21, respectively. With this action, Assam’s ban on underage weddings takes a major step closer to reality,” the speaker stated.
The administration explained its decision to abolish the act by stating that it is not required by law to register marriages or divorces. It further stated that there is a great deal of room for normative non-compliance due to the informal registration apparatus.
“As per provisions of the Act, there remains scope for registering marriages of intended persons below 21 years (for males) and 18 years (for females), and there is hardly any monitoring for implementation of the Act,” the state government stated to ANI.
According to Assam Minister Jayanta Malla Baruah, the action is a step towards the state’s adoption of the Uniform Civil Code.
What will happen after this order is put into effect?
Currently, Muslim marriages and divorces can be voluntarily registered under the law. Additionally, it gave the government permission to grant Muslim individuals licences to register these kinds of unions and dissolutions.
These people won’t be allowed to register marriages and divorces after the law is overturned.
The Assam government said that district commissioners and district registrars will assume custody of the registration records kept by the 94 Muslim Marriage Registrars following the law’s repeal.
After the Act is repealed, the government will give each Muslim Marriage Registrar ₹2 lakh as a one-time payment towards their rehabilitation.
According to Baruah, the Assam government desires that all of these unions be legally recognised through the Special Marriage Act.
He added that minor boys’ and girls’ weddings were being registered under the Act.
The UCC pledged by the government
The primary commitment that Himanta Biswa Sarma made to the people of Assam when he was appointed chief minister of the state was the establishment of the UCC. He declared earlier this month that polygamy would be outlawed in the state.
He has stated repeatedly that Assam will be the third state to adopt the Uniform Civil Code, following Gujarat and Uttarakhand.
The Uttarakhand government approved the Uniform Civil Code bill earlier this month during its assembly. The measure replaces several religious personal regulations with common laws that apply to people of all religions and govern marriage, divorce, and inheritance.
Sarma stated in January that Assam’s UCC law is in line with the bills introduced by Gujarat and Uttarakhand. The Uniform Civil Code won’t apply to the tribe, he claims. In two to three months, he suggested, the UCC measure may be introduced.
Tribals are also exempt from the Uttarakhand bill. The exception has been questioned by Muslim organisations. Asaduddin Owaisi, the head of AIMIM, has stated that UCC was violating the Muslim community’s fundamental rights.
