In a significant legislative move, the Assam government has introduced a bill aimed at repealing a colonial-era law that governs the registration of marriages and divorces within the Muslim community. The Assam Repealing Bill, 2024, tabled by Revenue and Disaster Management Minister Jogen Mohan, seeks to abolish The Assam Moslem Marriages and Divorces Registration Act, 1935.
Minister Mohan emphasized that the existing law has the potential to facilitate the marriages of minors, citing that individuals below the age of 21 for males and 18 for females could legally wed under this act. In his Statement of Object and Reasons, Mohan noted the lack of robust mechanisms to monitor the implementation of the act, which has become a significant source of litigation.
“The act offers a loophole for registering underage and forced marriages, often without the consent of the involved parties,” warned Mohan. He further criticized the informal registration system, which has led to widespread non-compliance and created opportunities for misuse by both authorized marriage registrars and citizens.
The historical context of the law was also highlighted. “It is a pre-independence act adopted by the British India Government for the then Province of Assam, specifically addressing Muslim religious and social arrangements,” stated Mohan, indicating that the law is outdated and not suited to modern legal requirements.
Chief Minister Himanta Biswa Sarma weighed in on the matter, affirming that the Assam government will introduce a new bill during the ongoing Autumn Session. This forthcoming legislation will mandate government registration for all Muslim marriages and divorces to ensure transparency and compliance.
The move has garnered attention and is anticipated to modernize and streamline the legal framework for marriages and divorces within the Muslim community in Assam, closing loopholes that have long been exploited.
