The Assam Cabinet on Friday approved the repeal of the Assam Muslim Marriage and Divorce Registration Act, 1935. Chief Minister Himanta Biswa Sarma wrote on X that the move will help the government prevent child marriage in the state.
“On February 23, the Assam Cabinet took a momentous decision to repeal the historic Assam Muslim Marriage and Divorce Registration Act. The Act contains provisions allowing registration of marriages even if the bride and groom are not 18 years and the legal age of 21, “as required by law. This move marks another important step towards banning child marriage in Assam,” he said.
In explaining why it decided to repeal the bill, the government said registration of marriages and divorces was not compulsory under the bill. It also said that the registration mechanism is informal and leaves a lot of room for non-compliance with norms.
According to ANI, the state government said: “There is still scope for interested parties below 21 years (for men) and below 18 years (for women) to register their marriages under the provisions of the Act and there is hardly any monitoring on the implementation of the Act. “.
Assam Minister Jayanta Malla Baruah told HT that the move is a step towards implementation of the Uniform Civil Code in the state.
Also read: Tribals in Assam to be exempted from Uniform Civil Code: CM Himanta
What changes will occur after this order is implemented?
The law currently facilitates the voluntary registration of Muslim marriages and divorces. It also empowers the government to provide licenses to Muslim people to register such marriages and divorces.
After the repeal of the law, these people will not be able to register marriages and divorces.
The Assam government said that after the repeal of the law, district commissioners and district registrars will take custody of registration records held by 94 Muslim marriage registrars.
The government will provide one-time compensation $After the repeal of the bill, every Muslim marriage registrar will be given a compensation of Rs 2 lakh to resume normal life.
Barua said the Assam government wants all such marriages to be registered under the Special Marriage Act.
He said the law was used to register marriages of underage boys and girls.
Also read: Assam cabinet approves repeal of Muslim Marriage, Divorce Registration Act
Government’s UCC Commitments
Ever since Himanta Biswa Sarma became the chief minister of the state, setting up the UCC has been his main promise to the people of Assam. Earlier this month, he said the government would ban polygamy in the state.
He has often said that Assam will be the third state to implement the Uniform Civil Code after Uttarakhand and Gujarat.
Earlier this month, the Uttarakhand government passed the Uniform Civil Code Bill in the Assembly. The bill replaced several religious personal laws on marriage, divorce and inheritance with common rules applicable equally to all religious beliefs.
Sarma said in January that Assam’s UCC bill follows bills introduced in Uttarakhand and Gujarat. Tribal communities will not be covered by the Uniform Civil Code, he said. He said the UCC bill could be introduced within 2-3 months.
The Uttarakhand bill also exempts tribals. Muslim groups have challenged the exemption. AIMIM president Asaduddin Owaisi alleged that the UCC violated the fundamental rights of the Muslim community.