Bill passed in Assam Assembly to abolish 89-year-old Muslim marriage law

Syllad | The Rising MeghalayaAugust 29, 2024

Amid protest and criticism from the opposition bench, the Assam Legislative Assembly passed the Assam Repealing Bill, 2024, on the fourth day of the autumn session on Thursday to abolish existing laws- the Assam Moslem Marriages and Divorces Registration Act, 1935 and the Assam Repealing Ordinance, 2024.

The House is likely to take up 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 Qazis in the registration process.

The bill was introduced in the House by Revenue Minister Jogen Mohan on August 22.

“Our focus on is curbing child marriage by proposing the abolition of the Qazi system in the Muslim marriage registration process. We believe that eliminating the Qazi’s role, traditionally involved in Muslim marriages, could be a crucial step toward preventing underage marriages,” Chief Minister Himanta Biswa Sarma said in the House taking part in the debate.

“There are reports of Qazis registering child marriages. Qazis continue to register such marriages and some Qazis have even appointed sub-Qazis to register marriages on their behalf, a practice not being by the law. There is a need for strict adherence to legal norms to combat child marriage effectively,” Sarma said.

“In the High Court, they argued that they were authorised to solemnize child marriage for which the High Court granted them bail,

Justifying the bill, the Chief Minister clarified that the legislation is independent and will not conflict with any existing Central laws. Sarma also referred to a Supreme Court judgment that authorized state governments to oversee the registration of marriages across all religious faiths.

Opposing the bill, AIUDF MLA Aminul Islam (Junior) expressed his concerns, stating, “We are against child marriage. Instead of completely repealing the Assam Moslem Marriages and Divorces Registration Act, 1935, the government could have amended specific provisions within the Act to address issues like child marriage.”

Islam criticized the government for repealing the Act without consulting relevant stakeholders, implying that a more collaborative approach could have been taken to reform the law.

Congress MLA Abdur Rashid Mandal also opposed the bill, arguing that this is a Central law and the state government does not have the authority to amend or repeal this legislation.

Echoing a similar opinion, AIUDF MLA Ashraful Hussain and Hazi Rafiqul Islam also took part in the debate.

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.

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