Guwahati, 22nd August: The Assam government has introduced a bill aimed at repealing an 88-year-old law that registers marriages and divorces among the Muslim community, citing concerns that the law could potentially allow for the registration of underage marriages.
Revenue and Disaster Management Minister Jogen Mohan tabled The Assam Repealing Bill, 2024 in the state Assembly to abolish The Assam Moslem Marriages and Divorces Registration Act, 1935, along with the Assam Repealing Ordinance 2024. The minister highlighted that the existing Act, a relic from the British colonial era, presents several loopholes, including the potential for misuse by allowing the registration of marriages involving minors.
In the Statement of Object and Reasons accompanying the Repealing Bill, Mohan explained that the Act currently permits the registration of marriages involving males below 21 years and females below 18 years, which is below the legal age of marriage in India. Additionally, he noted that the law lacks a robust monitoring mechanism and has led to significant litigation in courts.
“The Act provides scope for misuse by both authorized licensees, such as Muslim marriage registrars, and citizens, facilitating underage or forcefully arranged marriages without the proper consent of the parties involved,” said Mohan. He also pointed out that the registration of marriages and divorces under this Act was not mandatory, with an informal registration process that allowed for widespread non-compliance with legal norms.
Minister Mohan further underscored that the law, originally enacted by the British India Government for the then Province of Assam, is outdated and does not align with modern legal standards. The Assam government, he added, is seeking to ensure that all marriages and divorces within the Muslim community are subject to compulsory government registration, closing the loopholes that the 1935 Act has left open.
Chief Minister Himanta Biswa Sarma confirmed that the government would introduce new legislation during the ongoing Autumn Session to make the registration of Muslim marriages and divorces compulsory, ensuring greater legal oversight and protection against underage marriages.
Read More: Fox Attacks in North Guwahati Leave Eight Injured, Community on High Alert