Assam government repeals Muslim Marriages and Divorce Registration Act
- In Reports
- 12:22 PM, Jul 19, 2024
- Myind Staff
In an effort to combat child marriage in Assam, the state government has today repealed the Assam Muslim Marriage and Divorce Registration Act of 1935. This move is viewed as the first step towards implementing a Uniform Civil Code (UCC) in the state, following Uttarakhand's Assembly becoming the first in the country to approve the UCC.
The Uttarakhand UCC Bill also excludes the tribal population from its scope. Additionally, the BJP government in Gujarat has introduced a UCC Bill and plans to present it for passage in the state assembly soon.
"We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage. In the meeting of the AssamCabinet today we have decided to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules 1935 vide the Assam Repealing Bill 2024," tweeted Himanta Biswa Sarma.
The 1935 Act lays down the process for registration of marriages and divorces in the state in line with Muslim personal law. In February, the Cabinet decided to repeal it and approved the Assam Repealing Ordinance, 2024.
The decision to repeal the 1935 Act has been promoted by the government as a measure to combat child marriages. They argue that the Act permitted marriage registration even if the bride and groom had not reached the legal marriage ages of 18 and 21, respectively.
The repeal of the law will introduce several changes, including a ban on child marriages, mandatory marriage registration, and the removal of qazis as divorce registrars.
Section 8 of the Act, which stipulates that if either the bride or groom is a minor, their marriage registration application must be made by their lawful guardians, will be abolished with the repeal of the law.
In February, ministers announced that, following the repeal of the Act, marriages within the Muslim community would be registered under the Special Marriage Act.
The Bill will be placed before the next Monsoon session of Assam Legislative Assembly for consideration.
With Thursday’s announcement, however, the state government has suggested it will introduce new legislation to govern Muslim marriages and divorces.
Image source: ANI
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