The Assam Cabinet recently approved the repeal of the Assam Muslim Marriages and Divorces Application Act, 1935, in an effort to curb child marriages in the state. Chief Minister Himanta Biswa Sarma, in a statement on social media, highlighted the significance of this decision, emphasizing the government’s commitment to preventing underage marriages.
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The repealed act allowed the registration of marriages even when either the bride or groom hadn’t reached the legally required ages of 18 and 21, respectively. The government justified its decision by asserting that mandatory registration of marriages or divorces is not legally necessary. It also cited concerns about non-compliance with norms due to the informal registration process.
Under the provisions of the Act, individuals below the age of 21 (for men) and 18 (for women) could register their marriages, but the implementation of these provisions was reportedly lax. Assam Minister Jayanta Malla Baruah explained that repealing the act aligns with the state’s move toward adopting a Uniform Civil Code.
Previously, Assam Muslim marriages and divorces could be voluntarily registered, and licenses were issued by the government for such registrations. However, with the repeal, this option will no longer be available. District commissioners and registrars will take custody of registration records held by the 94 Muslim Registrars after the act is repealed.
As part of the transition, the government will provide a one-time payment of Rs 2 lakh to each Muslim Marriage Registrar for their rehabilitation. Baruah expressed the government’s desire for these unions to be legally recognized under the Special Marriage Act, aiming to address concerns about the registration of underage marriages.
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Assam Muslim This move aligns with Chief Minister Sarma’s commitment to implementing a Uniform Civil Code in Assam, making it the third state, after Gujarat and Uttarakhand, to adopt such a code. Sarma had previously declared the intention to outlaw polygamy in the state. The Uttarakhand government had recently approved the Uniform Civil Code bill, and Sarma stated that Assam’s bill is in line with those introduced by Gujarat and Uttarakhand in January.