Assam cabinet repeals Muslim Marriage Act

The government of BJP-ruled north eastern state of Assam has decided to repeal the "colonial era" Assam Muslim Marriage and Divorce Registration Act, 1935.

The decision was taken at a meeting of the state cabinet last night, an official statement issued in Guwahati said.

It said the Assam Moslem Marriage and Registration Act of 1935 "is an obsolete pre-Independence Act of the British for the then province of Assam."

In a post on X, formerly Twitter, shortly after midnight, Assam Chief Minister Himanta Biswa Sarma said "On 23.2.2024, the Assam cabinet made a significant decision to repeal the age-old Assam Muslim Marriages & Divorces Registration Act. This Act contained provisions allowing marriage registration even if the bride and groom had not reached the legal ages of 18 and 21, as required by law. This move marks another significant step towards prohibiting child marriages in Assam."

The Assam government's move came about two weeks after the legislative assembly of another BJP-governed state Uttarakhand passed a uniform civil code bill making it the first state of India to approve UCC.

Announcing the Assam cabinet decision on doing away with what he called a "colonial Act", Assam's Tourism Minister Jayanta Malla Baruah said it was "a very important step in the journey towards a uniform civil code" in the state.

According to the 2011 Census, Muslims constitute 34 percent of Assam's population of 3.12 crore.

Baruah earlier told the media that "The Assam Muslim Marriage and Divorce Registration Act 1935 – on the basis of which 94 Muslim registrars had even now been doing the registration and divorce of Muslim marriages in the state – has been repealed. Today's Cabinet (yesterday's meeting) has removed this Act as a result of which, after today, Muslim marriage registration or divorce registration cannot happen through this Act. We have a Special Marriage Act, so we want all marriages to happen under the Special Marriage Act."

The Assam government had cracked down against child marriage last year when over 4,000 people were arrested.

The government will pay a one-time compensation of Rs two lakh to Muslim Marriage Registrars for their rehabilitation after the act is repealed.