Assam Cabinet Repeals 89-Year-Old Muslim Marriages & Divorce Registration Act

The Assam cabinet, headed by Chief Minister Himanta Biswa Sarma, has taken a significant step towards implementing a uniform civil code by deciding to repeal the Assam Moslem Marriage and Divorce Registration Act, 1935, which has been in effect for 89 years. This 89-year-old legislation, which governed the registration of marriages and divorces for Muslims in the state, is set to be replaced by the provisions of the Special Marriage Act.

Background and Rationale

Tourism Minister Jayanta Malla Baruah, the bearer of the announcement, highlighted the government's commitment to a uniform civil code. He stated, “Our chief minister had already announced that Assam would be implementing a uniform civil code. Today we have taken a very important decision in that journey by deciding to repeal the Assam Moslem Marriage and Divorce Registration Act, 1935.”

The repealed Act allowed for the voluntary registration of Muslim marriages and divorces, with the government issuing licenses to authorized individuals for registration purposes. However, with this recent decision, the registration of Muslim marriages and divorces under this legislation will no longer be possible in Assam.

Baruah revealed that Assam currently has 94 authorized individuals capable of registering Muslim marriages and divorces. Following the cabinet's decision, their authority will cease to exist, and the state has taken a proactive step by providing them with a one-time compensation of ₹2 lakhs each, to financially assist those who earn a livelihood through the registration process.

Towards a Uniform Civil Code

Apart from moving closer to a uniform civil code, the cabinet justified the repeal by highlighting the outdated nature of the Act, which has been in operation since the British era. The government believes that it no longer aligns with the societal norms of contemporary times.

Baruah pointed out a concerning trend where the present legislation was being used to register marriages involving individuals under the permissible age. The repeal is seen as a stepping stone in curbing such instances of child marriage,resulting in over 4,000 arrests related to child marriage offenses.

Future Legislative Agenda

Chief Minister Himanta Biswa Sarma had earlier announced plans to bring robust legislation that not only bans polygamy but also aligns with the implementation of a uniform civil code in the state. The government is actively working on aligning these issues to formulate comprehensive legislation. Sarma had previously mentioned the formation of an expert committee to navigate the integration of both polygamy and the uniform civil code within the same legislative framework.

While the government initially aimed to table a bill banning polygamy in the ongoing budget session of the assembly, the process has yet to be realized.