Assam Assembly repeals 1935 Muslim Marriage Act

Photo: IANS


The Assam Assembly on Thursday passed a bill to repeal a nearly nine-decade-old law that regulated the registration of Muslim marriages and divorces.

The Assam Repealing Bill, 2024, introduced by Revenue and Disaster Management Minister Jogen Mohan on August 22, seeks to nullify The Assam Moslem Marriages and Divorces Registration Act, 1935, along with the Assam Repealing Ordinance, 2024.

Chief Minister Himanta Biswa Sarma emphasized that the objective behind the repeal is to eradicate child marriages and dismantle the Kazi system by integrating the registration of Muslim marriages and divorces into the government’s official framework.

Sarma highlighted that, according to a Supreme Court directive, all marriages must be formally registered and that the state should not endorse private entities like Kazis for this purpose.

Minister Mohan pointed out that the 1935 Act permitted the registration of marriages for males below 21 years and females below 18 years, which could be exploited for underage and forced marriages.

He also noted that the law lacked effective monitoring mechanisms, resulting in significant legal challenges. The Act’s informal registration process was seen as problematic, leading to its repeal.

The Assam government has introduced The Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024, as part of its efforts to ensure proper oversight and compliance with national marriage laws.

Last month, the state Cabinet approved the Repealing Bill, citing concerns that the 1935 Act enabled underage marriages under specific conditions.

However, opposition parties have criticized the move, labeling it as discriminatory against the Muslim community and a strategy to polarize voters ahead of the upcoming elections.