Assam Govt Tables Bill To Repeal Muslim Marriages And Divorces Registration Act

New Delhi: The Assam government on Thursday tabled a bill in the state assembly that seeks to repeal the Assam Muslim Marriages and Divorces Registration Act, 1935.

Assam Revenue and Disaster Management Minister Jogen Mohan introduced the Assam Repealing Bill, 2024, in the state assembly.

The objective of the proposal of the Assam Repealing Bill, 2024, is to replace bill for the Assam Repealing Ordinance, 2024 for the repeal of the Assam Muslim Marriages and Divorces Registration Act, 1935 and Assam Muslim Marriages and Divorces Registration Rules, 1935.

As per the Bill, the Assam Muslim Marriages and Divorces Registration Act, 1935 is a pre-independence Act adopted by the British India Government for the then Province of Assam for Muslim religious and social arrangements. The registration of marriages and divorces is not mandatory and the machinery of registration is informal leaving a lot of scope for non-compliance of extant norms.

The Assam Minister Jogen Mohan said in the Statement of Object and Reasons of the Repealing Bill that 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) and hardly any monitoring made for implementation of this act throughout the state which attracts and invite huge amount of litigation in the criminal/civil court. There is a scope of misuse by both authorized licensees (Muslim marriage Registrars) as well as by citizens for underage/minor marriages and forcefully arranged marriages without the consent of the parties.

On August 21, the Assam cabinet approved the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024 to strengthen the institution of Muslim marriage, and authorize government machinery as the registering authority of marriages and divorce and prevent the menace of child marriage.

This new bill would likely be placed in the ongoing autumn session of the Assam assembly. It seeks to make 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.

Assam Chief Minister Himanta Biswa Sarma said that this bill is made in line of the Civil Code of Procedure for summon, notice etc. to ensure and find out the truth of the application of all related issues. This bill will benefit the common people and protect them from all odds and evils besides legal recognition of their marriage and divorce, the Chief Minister said.