Assam Govt introduces new Bill to repeal existing Muslim marriage

Syllad | The Rising MeghalayaAugust 22, 2024

A new bill—the Assam Repealing Bill, 2024, was introduced by the Assam government in the Assam Legislative Assembly on the first day of the autumn session seeking to repeal existing laws: the Assam Moslem Marriages and Divorces Registration Act, 1935 and the Assam Repealing Ordinance, 2024.

The government is likely to introduce another bill – the ‘Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024 to mandate Muslim marriage registration by a government registrar, replacing the traditional role of Quazis in the registration process.

The House will take up the bill on August 29 ot 30.

The Assam Repealing Bill, 2024, seeks to abolish the traditional system of marriage registration by Muslims, arguing that the existing system has the potential to permit the marriage of minors within the community.

While tabling the Bill, Revenue and Disaster Management Minister Jogen Mohan highlighted concerns about the potential for underage marriages under the current system.

In the statement of object and reasons of the Bill, he stated, “There remains a scope of registering marriages of intended persons below 21 years (in the case of males) and 18 years (in the case of females).”

Mohan stated that the Assam Moslem Marriages and Divorces Registration Act, of 1935 included provisions that allowed for the registration of minor marriages. He emphasized that this aspect was the “root cause” for repealing the Act through the new Assam Repealing Bill

Mohan pointed out that the Act lacked provisions for monitoring its implementation across the state. He noted that this absence of oversight led to significant litigation in the courts.

“There has been misuse by both authorised licensees (Quazis) as well as by citizens for underage/minor marriages and forcefully arranged marriages without the consent of the parties,” he said.

Mohan highlighted that the Act had been misused by both authorized licensees (Quazis) and citizens. He stated that this misuse facilitated underage or minor marriages and allowed for forcefully arranged marriages without the consent of the parties involved.

Mohan noted that the Assam Moslem Marriages and Divorces Registration Act, 1935 was a pre-independence law, originally adopted by the British India Government for the then Province of Assam to address Muslim religious and social arrangements. He suggested that the Act is outdated and no longer suitable for contemporary legal and social contexts, further supporting the need for its repeal through the Assam Repealing Bill.

On Wednesday, the Assam Cabinet gave its nod for to registration of the Muslim Marriage and Divorce Bill, 2024 to strengthen the institution of Muslim marriage and authorise government machinery as the registering authority of marriages and divorce.

“The Bill will pave the way to strengthen the institution of marriage and provide safeguards and benefits of legal presumption, especially to women and prevent the menace of child marriages,” Chief Minister Himanta Biswa Sarma told reporters after the cabinet meeting.

“The Bill seeks to achieve prevention of child marriage by making it compulsory for all married couples to get their marriages and divorces registered. The marriages may be solemnized as per their ritual, usage and ceremony and declared as per provisions of the law,” Sarma said.

“This new Bill is made in the line of Civil Code of Procedure for summon, notice etc, to ensure and find out the truth of application of all related issues,” he said.

The Bill, if passed will benefit the common people and protect them from all odds and evils besides legal recognition of their marriage and divorce,” he added.

Featured Image Credit: Mohamed Hassan from Pixabay