In a significant move aimed at eradicating child marriage and ensuring gender parity in marriage laws, the Assam Cabinet on 18 July 2024 approved the Assam Repealing Bill 2024. This Bill seeks to abolish the Assam Muslim Marriages and Divorce Registration Act and Rules of 1935, which permitted underage marriages under specific conditions. The decision, announced by Chief Minister Himanta Biswa Sarma, will be presented during the upcoming monsoon session of the Assembly.
Chief Minister Sarma wrote about this on his official X handle. He stated, “We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage. In the meeting of the #AssamCabinet today we have decided to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules 1935 vide the Assam Repealing Bill 2024.”
We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage.
In the meeting of the #AssamCabinet today we have decided to repeal the Assam Muslim Marriages and Divorce Registration Act and Rules 1935… pic.twitter.com/5rq0LjAmet
— Himanta Biswa Sarma (@himantabiswa) July 18, 2024
The 1935 Act allowed for the registration of marriages even if the bride and groom were minors, provided their lawful guardians applied for the registration. This Act’s provisions effectively legitimized child marriage in Assam, despite the Prohibition of Child Marriage Act of 2006 setting the legal marriage age at 18 for girls and 21 for boys.
In February, the Cabinet initially approved the decision to repeal the Act, to end the social menace of child marriage in the state. Following this, the Repealing Bill was officially authorized in the 18 July 2024 meeting. The Cabinet has also instructed that new legislation be introduced for the registration of Muslim marriages in Assam.
The repeal has faced criticism from opposition parties, who claim the move is discriminatory against Muslims and aimed at polarizing voters in an election year. Nevertheless, the Assam government remains firm in its stance, emphasizing the need for uniformity in marriage registration laws to protect young girls from forced and underage marriages.
The Assam Muslim Marriages and Divorce Registration Act of 1935 was a product of its time, reflecting the then-prevailing social norms. However, with evolving societal values and increased awareness of child marriage’s detrimental effects, the need for its repeal became evident. The Repealing Bill 2024 marks a pivotal step towards aligning Assam’s marriage laws with contemporary legal standards, ensuring that all marriages within the state are consensual and legally compliant.
The repeal will dissolve the positions of 94 ‘Muslim Marriage Registrars’ in Assam, with affected officials receiving a one-time compensation of ₹2 lakhs. This move not only eradicates child marriage but also mandates the compulsory registration of marriages and eliminates the role of Qazis as marriage and divorce registrars.
(With inputs from The Hindu)
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