After Repeal of Assam Muslim Marriage and Divorce Registration Law, What Changes Can be Expected?

The Assam Muslim Marriages and Divorces Registration Act, 1935, was authorized for repeal by the Assam Cabinet on Friday. Chief Minister Himanta Biswa Sarma wrote on X that the step will help the administration prevent underage weddings in the state. The Assam government revoked the historic Assam Muslim Marriages and Divorces Registration Act on February 23. This act’s provisions allowed for marriage registration even in situations when the bride and husband were younger than the legally required 18 and 21 years old, respectively.

The speaker said, “With this action, Assam’s ban on underage weddings takes a major step closer to reality.” 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. The Act’s provisions allow intended individuals under the age of 21 for men and 18 for women to remain married, and there is essentially no oversight for its implementation,” the state government stated.

What will change after the implementation of this order?

Currently, Muslim marriages and divorces can be voluntarily registered under the law. Additionally, it gave the government permission to grant Muslim individuals licenses to register these kinds of unions and dissolution. These people won’t be allowed to register marriages and divorces after the law is overturned. After the law is repealed, the 94 Muslim Marriage Registrars’ registration records would be under the district commissioners’ and district registrars’ care, according to the Assam government.

After the Act is repealed, the government will give each Muslim Marriage Registrar ₹2 lakh as a one-time payment towards their rehabilitation.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 recognized through the Special Marriage Act. He added that minor boys’ and girls’ weddings were being registered under the Act.

government’s UCC promise

The creation of the UCC was the main promise that Himanta Biswa Sarma made to the people of Assam upon being named chief minister of the state. He declared earlier this month that polygamy would be illegal in the state. He has often declared that Assam will ratify the Uniform Civil Code, following Gujarat and Uttarakhand as the third states to do so. Earlier this month, the Uttarakhand government approved the Uniform Civil Code bill 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.]

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Sarma stated in January that Assam’s UCC law is in line with the bills introduced by Gujarat and Uttarakhand. According to him, the tribe will not be covered by the Uniform Civil Code. 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 organizations. According to Asaduddin Owaisi, the head of AIMIM, the UCC was violating the fundamental rights of the Muslim community.