The Assam Cabinet, under the leadership of Chief Minister Himanta Biswa Sarma, has sanctioned the repeal of the Assam Muslim Marriages and Divorces Registration Act, 1935, with the objective of curbing child marriages.
The Chief Minister Sarma underscored that the existing Act permitted the registration of marriages involving individuals below the legally mandated ages of 18 and 21 for brides and grooms, respectively. The repeal of this legislation is deemed a significant measure in preventing child marriages within the state.
As part of the process, district commissioners and registrars will take charge of registration records from the 94 Muslim Marriage Registrars, overseeing the procedure under the Assam Inspector General of Registration.
Additionally, Muslim Marriage Registrars are slated to receive a one-time compensation of Rs two lakh to aid their rehabilitation post the Act’s repeal.
The decision to annul the Act was reached during a late-night cabinet meeting, recognizing it as an antiquated pre-independence legislation pertinent to the erstwhile province of Assam.
The Act’s current status, which does not mandate the registration of marriages and divorces, has resulted in an informal registration process, leaving room for potential non-compliance with established norms.
Notably, the Act’s provisions permit the registration of marriages involving individuals below 21 and 18 years for men and women, respectively, without adequate monitoring. Chief Minister Sarma had previously indicated plans to introduce a legislative proposal aimed at ending polygamy.
An expert committee submitted a report on the legislative viability of such a move, receiving 150 suggestions regarding the proposed Bill. The state government’s intensified efforts against child marriages in the past year revealed instances of elderly men entering into multiple marriages, particularly with young girls from economically disadvantaged backgrounds.
In two separate phases in the previous year, the government made numerous arrests and registered cases against individuals involved in child marriages. Sarma reiterated the state’s support for the Muslim Marriage Registrars (UCC) and emphasized its capacity to address polygamy, subject to the President’s approval.
