The Assam government is going to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules, 1935 of 1935 under the Assam Repealing Bill 2024. Chief Minister Himanta Biswa Sarma has confirmed the decision taken in the recent Cabinet meeting as it was felt that there needs to be stronger measures for protection from child marriage and fairness in marriage and divorce registration.
"We have taken a significant step towards ensuring justice for our daughters and sisters by introducing additional safeguards against child marriage," Chief Minister Sarma stated. The decision was made during the Assam Cabinet meeting, where it was agreed to repeal the outdated Assam Muslim Marriages and Divorce Registration Act and Rules 1935 through the Assam Repealing Bill 2024.
To establish consistency in the registration of marriages and divorces, the state cabinet has approved the 'Assam Repealing Bill, 2024', which will be presented in the upcoming monsoon session of the Assam Assembly for deliberation. The Cabinet has also instructed the introduction of appropriate legislation for the registration of Muslim marriages in Assam during the next Assembly session.
Chief Minister Sarma highlighted concerns over the existing Assam Muslim Marriages and Divorces Registration Act, 1935, which previously permitted marriages involving individuals as young as nine or ten years old. "We have been actively combating child marriage. However, some individuals have obtained relief in the high court due to provisions in this Act allowing underage marriages to be registered. It is our responsibility to amend and rectify this legislation," he emphasized.
Previously, the Assam government had contemplated introducing legislation on the Uniform Civil Code (UCC) after the Lok Sabha elections. According to Sarma, the UCC would enforce specific regulations: mandatory minimum age for marriage, prohibition of polygamy for men, entitlement of women to parental property, and registration of live-in relationships to secure inheritance rights for offspring.
"The UCC does not interfere with religious customs or practices. It solely addresses civil matters," Sarma clarified. The government had also indicated that tribal communities would be exempted from the proposed UCC legislation.
Last October, Assam Police undertook a widespread crackdown resulting in the arrest of over 1,000 individuals across the state for involvement in child marriages. Government records indicate that in the first two months of the preceding year, 3,098 individuals were apprehended under the Prohibition of Child Marriage Act, 2006, with the state registering a total of 4,363 cases of child marriage since February 3.
He also reiterated his commitment to wiping out the social evil of child marriage from Assam completely by 2026. The state government, in the last year's budget, had introduced the 'Mission for Prevention of Child Marriage' with an allocation of Rs 200 crore.
According to the Census data of 2011, Muslims are 34.22 per cent of Assam's 3.12 crore population while Hindus and other religions comprise the remaining.
