Assam govt introduces bill to abolish Muslim marriages, divorce law

Guwahati: The Assam government on Thursday introduced a bill to repeal a law aimed at registering marriages and divorces of Muslims, saying it had the option of allowing marriages of minors from the community.

Revenue and Disaster Management Minister Jogen Mohan has tabled the Assam Repeal Bill, 2024 in the Assembly to abolish the Assam Muslim Marriage and Divorce Registration Act, 1935 and the Assam Repeal Ordinance, 2024.

“It remains possible to register marriages of prospective spouses aged under 21 (in the case of a man) and under 18 (in the case of a woman),” he said in the explanatory memorandum to the repeal bill.

It contained virtually no provisions to monitor the implementation of the law across the state and this gave rise to huge litigation in the courts, he added.

“There are a number of abuses, both by licensees (Muslim marriage registrars) and citizens, for underage marriages and forced arranged marriages without the consent of the parties,” Mohan said.

Furthermore, registration of marriages and divorces was not mandatory and the registration mechanism was informal, which left ample room for non-compliance with standards, he added.

“This is a pre-independence law passed by the British Government of India for the erstwhile province of Assam regarding Muslim religious and social arrangements,” the minister said.

Chief Minister Himanta Biswa Sarma on Wednesday said the Assam government will introduce a bill in the ongoing autumn session for mandatory registration of marriages and divorces of Muslims by the government.

Speaking at a press conference after a cabinet meeting here, Sarma said the government would introduce the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024.

Last month, the Cabinet had approved the Repeal Bill to abolish the Assam Muslim Marriage and Divorce Registration Act and Rules, 1935, which allowed underage marriages under specific conditions.

The Assam Cabinet had approved the decision to repeal the law on February 23, in a bid to end the social menace of child marriage in the state.

Opposition parties denounced the move as “discriminatory against Muslims” and aimed at polarizing voters in an election year.