New Delhi: Following the repeal of the Assam Muslim Marriages and Divorces Registration Act, 1935, Opposition parties, particularly the Congress and All India United Democratic Front (AIUDF), criticised the move, alleging discrimination against Muslims and accusing the ruling Bharatiya Janata Party (BJP) of playing "divisive politics" in the run-up to Lok Sabha elections.
Criticising the move, AIUDF chief and MP Badruddin Ajmal said, "They want to polarise their votes by instigating Muslims. The Muslims will not let this happen...This is the first step towards bringing UCC (in Assam). But through this, the BJP Government will die in Assam."
Speaking to PTI, Congress MLA Abdul Rashid Mandal voiced strong objections, alleging that it is a move by the government to polarise voters, especially in the lead-up to the Lok Sabha polls. Mandal asserted that the repeal is discriminatory towards Muslims and questioned the government's commitment to implementing a Uniform Civil Code (UCC) and banning polygamy, given the absence of corresponding Bills or ordinances.
"The BJP government is calling it (Assam Muslim Marriages and Divorces Registration Act, 1935) an obsolete Act and that registration of child marriages is happening under it, but that is not a fact. This is the only mechanism for registration of marriages and divorce for Muslims and is valid under the Constitution", PTI quoted Rashid as saying.
AIUDF MLA Rafikul alleged that the cabinet decision was taken with the intention to target Muslims in an election year. "There were attempts to bring the UCC in Assam but they will not be able to do so as there are several castes and communities and they know it will not be legally tenable", he said, as per PTI.
"There are personal laws for Hindus, Muslims, Sikhs and Jains, with the Constitution allowing different laws for marriages and divorce for different communities and people are practising according to those.I don't think any state cabinet has the right to cancel the rights given to the people by the Constitution at its own whims and fancies", he added.
Lurinjyoti Gogoi, the general secretary of the Assam United Opposition Forum, slammed the state government over its "unilateral approach" to decision-making, especially on sensitive matters like social customs and religious beliefs. He accused the BJP government of politicising the issue of Muslim marriage registration, warning that such actions could stoke social unrest rather than address concerns effectively, reported PTI.
Aman Wadud, a renowned lawyer, raised concerns about the potential challenges of shifting to the Special Marriage Act, noting the increased complexity and financial barriers it may pose for registering Muslim marriages. He also questioned the government's claim that the repeal will curb child marriage, suggesting it could inadvertently lead to unauthorized marriages and further exacerbate the problem, as per PTI.
Meanwhile, Bijon Mahajan, another prominent lawyer, supported the government's decision to repeal the Act, viewing it as a necessary step in line with contemporary values and constitutional mandates. He sees the move as part of a broader agenda to enact progressive reforms, such as addressing polygamy.
Notably, an expert committee submitted a report assessing the legislative competence of the assembly to address polygamy, resulting in 150 suggestions for a proposed bill aimed at eradicating this social issue in Assam. The Chief Minister affirmed his government's support for the Uniform Civil Code (UCC) but emphasised the immediate need to ban polygamy within the state. While the UCC falls under the jurisdiction of Parliament, the state government can enact laws with the President's assent, reported PTI.
In response to concerns about child marriage, the state government launched two crackdowns last year. It revealed a disturbing trend, many elderly men were marrying multiple times, often to young girls from economically disadvantaged backgrounds. In February, the first phase of the crackdown led to 3,483 arrests and 4,515 registered cases, while the second phase in October resulted in 915 arrests and 710 cases being registered. These initiatives underscore the government's commitment to addressing social injustices and protecting vulnerable members of society, as per PTI.