Assam Assembly passes bill to repeal Muslim marriages, divorce act

The Assam Assembly on August 29 passed a bill to repeal a law that registers marriages and divorces of Muslims. 

Revenue and Disaster Management Minister Jogen Mohan had on August 22 tabled The Assam Repealing Bill, 2024, to abolish The Assam Moslem Marriages and Divorces Registration Act, 1935, and the Assam Repealing Ordinance, 2024. 

Chief Minister Himanta Biswa Sarma said the aim is to abolish child marriages and the Kazi system, bringing the registration of Muslim marriages and divorces under the government system. 

He noted that all marriages must be registered as per a Supreme Court order and that the state cannot support a private body like Kazis for this purpose. 

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Mohan stated that the old law allowed registration of marriages for individuals below 21 years (for males) and 18 years (for females), lacked provisions for monitoring its implementation and led to significant litigation. 

He added that the law could be misused by authorised licensees and citizens for underage and forced marriages and that the registration mechanism was informal. 

The Assam government introduced The Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024. Last month, the Cabinet approved the Repealing Bill to abolish the 1935 Act, which permitted underage marriages under specific conditions. 

The opposition termed the decision discriminatory against Muslims and an attempt to polarise voters in an election year.