The
Assam government has taken a significant legislative step by introducing a bill
aimed at repealing a longstanding law concerning the registration of Muslim
marriages and divorces. This move is grounded in concerns that the current
legislation, The Assam Moslem Marriages and Divorces Registration Act, 1935,
allowed for the registration of marriages involving minors within the Muslim
community.
Revenue
and Disaster Management Minister Jogen Mohan presented The Assam Repealing
Bill, 2024 in the Assembly. This bill seeks to abolish both the existing Act
and the Assam Repealing Ordinance 2024.
In his statement, Mohan explained that the
current law permits the registration of marriages for individuals under the age
of 21 (for males) and 18 (for females). This provision, he argues, opens up the
possibility for the registration of underage marriages, which could potentially
facilitate and legalize such practices.
Mohan
criticized the old Act for its lack of robust provisions for monitoring its
enforcement across the state. He pointed out that the absence of effective
oversight had resulted in significant litigation, as the law's implementation
often led to disputes in the courts. Furthermore, the Act was susceptible to
misuse. Both the authorized Muslim marriage registrars and the citizens could
exploit the system to register underage or forced marriages without the proper
consent of the involved parties.
In
addition to these issues, Mohan noted that the registration of marriages and
divorces under the Act was not mandatory. The registration process was
informal, leaving ample room for non-compliance with the stipulated norms and
regulations. He emphasized that the legislation, being a relic from the
pre-independence era, was originally adopted by the British Indian Government
to address specific Muslim religious and social needs in the then Province of
Assam.
On
Wednesday, Chief Minister Himanta Biswa Sarma announced that the Assam
government plans to introduce a new bill during the current Autumn Session.
This bill, known as the Assam Compulsory
Registration of Muslim Marriage and Divorce Bill, 2024, will mandate government
registration for Muslim marriages and divorces. This initiative aims to replace
the outdated Act with a more structured and regulated system.
The
Cabinet's decision to repeal the old Act was officially approved on February
23, with the goal of addressing and curbing the issue of child marriage in the
state. However, the move has faced criticism from opposition parties, who have
labelled it as discriminatory against Muslims and an attempt to polarize voters
ahead of the upcoming election.
The opposition argues that the repeal is
politically motivated and unfairly targets a specific community.
