The bill, titled “The Assam Repealing Bill, 2024,” was tabled in the assembly by Revenue and Disaster Management Minister Jogen Mohan.
Assam CM Himanta Biswa Sarma. (File Photo: ANI)
The Assam government has introduced a bill aimed at repealing a pre-independence law that governs the registration of Muslim marriages and divorces in the state.
The bill, titled “The Assam Repealing Bill, 2024,” was tabled in the assembly by Revenue and Disaster Management Minister Jogen Mohan.
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It seeks to abolish “The Assam Moslem Marriages and Divorces Registration Act, 1935,” along with “The Assam Repealing Ordinance, 2024.”
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In the Statement of Object and Reasons accompanying the Repealing Bill, Minister Mohan highlighted concerns that the 1935 Act could inadvertently facilitate the registration of marriages involving minors.
Specifically, the law allows for the registration of marriages where the groom is under 21 or the bride is under 18, which is below the legal age for marriage in India.
The minister further pointed out that the 1935 Act lacks effective provisions for statewide monitoring and enforcement, resulting in significant litigation. He expressed concerns about the potential misuse of the Act by authorised Muslim marriage registrars and citizens, leading to underage and forced marriages without the consent of the parties involved.
“The registration of marriages and divorces under this Act was not mandatory, and the process itself was informal,” Mohan stated. This informality, he argued, created numerous opportunities for non-compliance with the legal norms intended to protect the rights and welfare of those involved.
Mohan also emphasised the historical context of the Act, noting that it was a colonial-era law enacted by the British government for the then-province of Assam, specifically to address Muslim religious and social customs.
In a related development, Assam Chief Minister Himanta Biswa Sarma announced that the state government would introduce new legislation during the ongoing Autumn Session.
This forthcoming bill aims to make the registration of marriages and divorces among Muslim communities compulsory and regulated by the government, thereby ensuring greater oversight and compliance with the law.
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