In Step Towards UCC, Assam Scraps Muslim Marriage Registration Law — All You Need To Know

Muslims make up for nearly 34% of Assam’s total population according to the 2011 census. Here's what changes as the Assam Muslim Marriages & Divorces Registration Act is repealed

This development comes just weeks after the BJP-led government got the Uniform Civil Code (UCC) passed in the Uttarakhand Assembly.

Source : PTI

The Assam Cabinet on Friday decided to repeal the Assam Muslim Marriage and Divorce Registration Act, 1935. Assam Chief Minister Himanta Biswa Sarma announced the decision by his government in a social media post on microblogging platform X on Friday night. This development comes just weeks after the BJP-led government got the Uniform Civil Code (UCC) passed in the Uttarakhand Assembly. Earlier, in January 2024, the Assam CM had also asserted that after Uttarakhand and Gujarat, Assam will become the third state to bring in UCC. He had said that Assam's UCC will be in line with the Uttarakhand UCC.

Minister Jayanta Malla Baruah on Saturday shared his media address on X and wrote that the Assam cabinet has made the decision to repeal the 'Muslim Marriage and Divorce Registration Act, 1935', as part of efforts to combat underage marriages and bolster the fight against child marriage. He further called this a step towards bringing a UCC in state.

Muslims make up for nearly 34% of Assam’s total population according to the 2011 census. Here's what changes as the Assam Muslim Marriages & Divorces Registration Act is repealed:

Registration Under Special Marriage Act:

The Assam Muslim Marriage and Divorce Registration Act 1935 provided for Muslim registrars who could register divorce and marriages in the state. Under the current law, registration is done on voluntary bases and is not mandatory.

While speaking to media Minister Baruah said that on the basis of this Act, 94 Muslim registrars had even now been doing the registration and divorce of Muslim marriages in the state. The state government wants the marriages now to be registered under the Special Marriage Act.

Prevention Of Child Marriages:

According to Baruah, the Muslim Marriage and Divorce Registration Act 1935 allowed registration of underage marriages of boys below 21 years or girls below 18 years. The Minister said that this scrapping of law is a big step towards completely eradicating child marriage in Assam.

CM Sarma, in a social media post, said, “On 23.22024, the Assam cabinet made a significant decision to repeal the age-old Assam Muslim Marriages & Divorces Registration Act. This Act contained provisions allowing marriage registration even if the bride and groom had not reached the legal ages of 18 and 21, as required by law. This move marks another significant step towards prohibiting child marriages in Assam.”

No Muslim Registrar:

According to Baruah the respective District Commissioners will take custody of the 94 registrars operating under this Act. The 94 Muslim registrars will be given one-time financial compensation of Rs 2 lakh.

Chief Minister Sarma has repeatedly said that the Assam government is working towards introducing a UCC. At the same time, it has also been working on a Bill to ban polygamy, making it a criminal offence.