Why Is Assam Repealing the British Era Muslim Marriage Act | Explained

New Delhi: In a landmark decision, the Himanta Sarma-led Assam government has decided to repeal the colonial-era Assam Muslim Marriages and Divorce Registration Act and Rules of 1935. Sharing the government's decision on X (formerly Twitter), Chief Minister Himanta Biswa Sarma called it a 'significant step to ensure justice' as it would put 'additional safeguard against child marriage'.  "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 Assam Cabinet today we have decided to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules 1935 vide the Assam Repealing Bill 2024", tweeted Himanta.  

This significant decision, announced on Thursday, highlights Chief Minister Himanta Biswa Sarma’s dedication to updating and simplifying the state’s legal systems, showing his commitment to progressive legal reforms.  

Assam Muslim Marriages and Divorce Registration Act From 1935

The Act, aligned with the Muslim Personal Law enacted in 1935, outlines the procedure for registering Muslim marriages and divorces. A 2010 amendment changed the registration requirement from 'voluntary' to 'compulsory,' making it mandatory in Assam. The Act empowers the state to license Muslims to register marriages and divorces, with these registrars recognized as public servants. It specifies the steps for submitting marriage and divorce applications to the registrar and the registration process. 

The repeal of the Assam Muslim Marriage and Divorce Registration Act will bring several changes, including the banning of child marriages, making registration compulsory, and eliminating the role of qazis as marriage and divorce registrars. Currently, Section 8 of the Act requires that if the bride or groom is a minor, their lawful guardians must apply for the marriage registration. This mechanism will be scrapped with the repeal of the law. 

Why Is Assam Repealing the British Era Muslim Marriage Act | 10 Points

Colonial-Era Law: The Assam Muslim Marriages and Divorces Registration Act of 1935 is considered an obsolete pre-independence law, originally implemented by the British for the Province of Assam.

Non-Mandatory Registration: The Act does not mandate the registration of marriages and divorces, resulting in informal and inconsistent registration practices.

Ensuring Parity: The Assam government aims to ensure parity in the registration of marriages and divorces, leading to the approval of The Assam Repealing Bill, 2024.

Scope for Non-Compliance: The informal machinery of registration under the Act leaves significant room for non-compliance with current norms and regulations.

Child Marriage Loopholes: The Act allows for the registration of marriages for males below 21 years and females below 18 years, with inadequate monitoring and implementation.

Protection for Muslim Women: Repealing the Act is expected to provide relief to Muslim women from "torture and exploitation," according to Chief Minister Himanta Biswa Sarma.

Ending Child Marriage: The repeal is intended to help end child marriage in Assam, ensuring that marriages below the age of 18 are no longer registered.

Consistency with National Reforms: The repeal aligns with national efforts, such as the Prime Minister's initiative to end triple talaq, ensuring no legal loopholes for underage marriages.

Strengthening Legal Framework: Without the outdated Act, it will be more difficult to issue talaq (divorce) without following proper legal procedures.

Future Commitment: Chief Minister Himanta Biswa Sarma has committed to completely eradicating the issue of child marriage in Assam by 2026, with a statewide drive against child marriage underway.

'As Long as I Am Alive': When Himanta Vowed to End Child Marriage by 2026

Earlier this year, while speaking in the Assembly, Assam Chief Minister Himanta Biswa Sarma vowed to eradicate child marriage from the state before 2026. Challenging opposition in the Assembly, Himanta said, "Hear me carefully, as long as I am alive I will not let child marriage take place in Assam. I will not let this happen as long as Himanta Biswa Sarma is alive...I would like to challenge you politically, I will shut down this shop before 2026."

The state government had launched a crackdown against child marriage in the state in two phases last year and it was found that many elderly men married multiple times and their wives were mostly young girls, belonging to the poor section of the society, Sarma had said earlier.

In the first phase in February last year, 3,483 people were arrested and 4,515 cases were registered in February, while 915 people were arrested and 710 cases were registered in the second phase in October last year.