The Assam govt on Thursday approved the decision to repeal the colonial-era Assam Muslim Marriages and Divorce Registration Act and Rules 1935. The Himanta Biswa Sarma cabinet has approved the Assam Repealing Bill, 2024, which will repeal the 1935 laws related to Muslim marriages and divorces.
The cabinet decision stated, “To bring parity in registration of marriage and divorce, the State Cabinet has accorded approval to The Assam Repealing Bill, 2024 which aims to repeal the Assam Muslim Marriages And Divorces Registration Act, 1935 and Assam Muslim Marriages And Divorces Registration Rules, 1935.”
The Assam Repealing Bill, 2024 will be placed before the Assam Assembly during the next monsoon season for consideration. The cabinet also directed that suitable legislation be brought for the registration of Muslim marriages in Assam, to be considered by the next session of the Assembly.
We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage.
— Himanta Biswa Sarma (@himantabiswa) July 18, 2024
In the meeting of the #AssamCabinet today we have decided to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules 1935… pic.twitter.com/5rq0LjAmet
Informing about the decision on X (Twitter), CM Himanta Biswa Sarma said, “We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage.”
The repealing of the 1935 Acts will bring significant changes to Muslim marriages, including banning child marriages, making registration of marriages compulsory and eliminating Qazis – the marriage and divorce registrar.
The Assam Muslim Marriages and Divorce Registration Act, 1935 legitimises child marriage, as its section 8 states that it the bridegroom or the bride or both are minors, the application for registration of marriage has to be made by their lawful guardians.
Similarly, Section 10 (1) of the act further states, “If the entry be of a marriage in a register in the Form (A) contained in the Schedule I to this Act by the parties to the marriage, or, I either or both of them be minors, by their lawful guardians respectively.”
The legislation also includes a form, listed under Schedule I, which says, “5. Name of the guardian of the bridegroom (if the bridegroom be a minor) and that of the guardian’s father, with specification of the guardian’s residence, and of relationship in which he stands to the bridegroom. 6. Name of guardian of the bride (if she be a minor) and that of her father, with specification of his residence and the relationship in which he stands to the bride.“
All these provisions in the law made child marriage legal in Assam, even after the enactment of the Prohibition of Child Marriage Act. Now after the act is repealed by the assembly, child marriage will be completely banned in Assam.
As per reports, there are 94 ‘Muslim Marriage Registrars’ in Assam, and this position will be dissolved. Affected officials will be paid a one-time compensation of ₹2 lakhs for their rehabilitation.
The Assam government decided to repeal the Muslim Marriages and Divorce law in February this year. The contentious law was enacted in the 20th century when the age of marriage for girls was 14 years and that of boys was 18 years of age, as mandated by the Child Marriage Restraint Act of 1929.
Even though the age of marriage was raised to 18 and 21 for girls and boys respectively in India under the Prohibition of Child Marriage Act of 2006 [pdf], it had no bearing on the legal sanction of ‘child marriages’ for Muslims in Assam under the 1935 law.
