Assam Passes Bill to Repeal Muslim Marriages, Divorce Act

Guwahati: In a move towards implementing a uniform civil code, the Assam Assembly on Thursday passed a bill mandating the compulsory government registration of marriages and divorces among Muslims in the state. The Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, introduced by Revenue and Disaster Management Minister Jogen Mohan on Tuesday, abolishes the Assam Moslem Marriages and Divorces Registration Act, 1935, as part of the Assam Repealing Bill, 2024.

Speaking on the matter, Chief Minister Himanta Biswa Sarma said all earlier registrations of marriages conducted by Kazis will remain valid and only new ones will come under the purview of the legislation. He said, “We are not interfering with the marriages solemnised by Islamic rituals under Muslim Personnel Law at all. Our only condition is that Islam prohibited marriages will not be registered.”

The CM added, “Our aim is not only to abolish child marriages, ... also to get away with the Kazi system. We want to bring registration of Muslim marriages and divorces under the government system.”

Sarma said with the enactment of this new law, child marriage registration will be completely banned. CM Sarma further added that registration of all marriages has to be done as per a Supreme Court order, but the state cannot support a private body like that of Kazis for this purpose.

Following the state assembly's decision to pass the bill, CM Himanta took to X and said, “Today is a historic day in our effort to fight the social evil of child marriage. The #AssamLegislativeAssembly has passed the 'Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024'. This Act will now make it mandatory to register marriages with the Govt and cannot contravene the legal age of marriage of 18 years for girls and 21 years for boys.”

He added, “It will also act as a strict deterrent against teenage pregnancy and improve overall growth of our girls. I thank all the legislators who pledged their support to this Bill and Govt's vision of preventing child marriage. This Bill is above party politics and is a means to give our girls a life of dignity. Next 🎯 Banning Polygamy!”

Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024

The Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, aims to overhaul the registration process for Muslim marriages and divorces in the state. This bill, which repeals the Assam Moslem Marriages and Divorces Registration Act, 1935, and introduces new regulations, is designed to address several key issues.

Key Provisions of the Bill:

• Prevention of Child Marriages: The bill is intended to prevent child marriages and marriages conducted without the consent of both parties.
• Rights for Women and Widows: It aims to enable married women to claim their rights to live in the matrimonial home, receive maintenance, and allow widows to claim inheritance rights and other benefits.
• Control Over Polygamy: The bill seeks to address and limit polygamy, and to prevent men from deserting their wives after marriage.
• Strengthening Marriage Institutions: It is intended to strengthen the institution of marriage by regulating its registration.

Previously, Muslim marriages were registered by Kazis under an informal system with little enforcement, leading to issues of non-compliance and misuse. The old system also permitted underage marriages and lacked a formal monitoring mechanism.

Revenue and Disaster Management Minister Jogen Mohan highlighted that the former Act allowed underage marriages and did not adequately address the enforcement of marriage registrations. He noted that the new bill is aimed at improving oversight and ensuring that marriages and divorces are registered with the government, rather than through the informal Kazi system.

The Assam Cabinet approved the repeal of the old Act on February 23, to combat child marriage and address these issues more effectively. However, opposition parties have criticized the move as discriminatory and politically motivated in an election year.