Assam government moves to repeal 1935 Marriage Act, introduces new bill for compulsory registration
- In Reports
- 08:27 PM, Aug 22, 2024
- Myind Staff
The Assam government initiated a bill to repeal an existing law that mandates the registration of marriages and divorces within the Muslim community, on 22nd August. The decision to introduce this bill was driven by concerns that the law could potentially permit the marriages of minors within the community.
Revenue and Disaster Management Minister Jogen Mohan presented The Assam Repealing Bill, 2024 in the Assembly. This bill seeks to scrap The Assam Moslem Marriages and Divorces Registration Act of 1935, and the Assam Repealing Ordinance of 2024.
“There remains a scope of registering marriages of the intended person below 21 years (in case of male) and 18 years (in case of female),” he said in the Statement of Object and Reasons of the Repealing Bill.
He noticed that the Act lacked adequate provisions for monitoring its implementation across the state, leading to a significant amount of litigation in the courts. “There is a scope of misuse by both authorised licensee (Muslim marriage Registrars) as well as by citizens for underage/minor marriages and forcefully arranged marriages without the consent of the parties,” Mohan said.
Further, he pointed out that the registration of marriages and divorces under the Act was not compulsory, and the informal registration mechanism allowed for important non-compliance with the norms. “It is a pre-independence Act adopted by the British India Government for the then Province of Assam for Muslim religious and social arrangements,” the minister said.
On 21st August, Chief Minister Himanta Biswa Sarma declared that the Assam government will present a bill during the ongoing Autumn Session to mandate government registration for Muslim marriages and divorces. Speaking at a press conference following a cabinet meeting, Sarma disclosed that the proposed legislation will be named the Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024.
In the previous month, the Cabinet approved the Repealing Bill aimed at abolishing the Assam Muslim Marriages and Divorce Registration Act and Rules of 1935, which had allowed underage marriages under certain conditions. On February 23, the Assam Cabinet made the decision to repeal the Act as part of its efforts to combat the issue of child marriage in the state.
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