The Assam Cabinet has decided to repeal the Muslim Marriages and Divorce Registration Act and Rules 1935 by bringing the Assam Repealing Bill 2024, Chief Minister Himanta Biswa Sarma announced on Thursday.
What Does The Old Act Say?
The 89-year-old Act regulated the registration of marriages and divorces of Muslims residing in the state. The Act provided for voluntary registration of Muslim marriages and divorces, and allowed the government to provide a licence to a Muslim person authorising him/her to register Muslim marriages and divorces on applications for such registration.
The Act also had provisions that allowed for the registration of marriages even if the bride and groom had not reached the legal marriageable ages of 18 and 21.
Why Is Assam Govt. Abolishing The Act?
The Assam government has decided to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules of 1935 as part of a broader initiative to address child marriage and align marriage registration processes with contemporary societal norms.
Chief Minister Himanta Biswa Sarma described this move as a "significant step to ensure justice for our daughters and sisters" by implementing additional safeguards against child marriage. The repeal is also seen as a step towards a Uniform Civil Code in Assam and interference with Muslim personal law.
What’s Next?
This comes at a time when Assam, where child marriage has been rampant, has registered 81% reduction in child marriages between 2021 and 2024. The Repealing Bill 2024 will be presented and a new law will be brought during the upcoming monsoon session of the assembly.
Muslim marriages and divorces will now require registration under the Special Marriage Act, 1954 until a new legislation is brought into place. The Assam government had in last year's budget allocated ₹ 200 crore to ‘eradicate child marriage from Assam completely by 2026’.
This development comes a day after Sarma claimed that the Muslim population in Assam had now risen to 40%, from 12% in 1951, which according to him is no more a political issue for, but a matter of life and death for him.
In the same press conference he alleged that illegal immigrants are marrying tribal daughters, but due diligence of law is not happening. The BJP will make a law to stop exploitation of anyone if a tribal daughter marries an illegal immigrant.
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