Assam's New Muslim Marriage Registration Act And Criticisms (Photo X@himantabiswa)
The Assam government on Thursday repealed the 1935 Act for the registration of Muslim marriages and divorces and passed a new bill, making the registration of Muslim marriages and divorces with the government compulsory. Earlier this year, the Chief Minister, Himanta Biswa Sarma, declared the government’s decision to do away with the Assam Muslim Marriage and Divorce Registration Act, claiming to prevent child marriage. While debating the topic, the chief minister then made a fiery remark, stating he would not allow the marriage of five or six-year-old children as long as he is alive.
While mandating compulsory registration of Muslim marriage and divorce, the act states that marriage between people not of the legal age (18 years for women and 21 years for men) will not be registered and considered valid. According to the government, the new bill was aimed at preventing teenage pregnancy, marriage without consent, and child marriage. The act is also said to prevent men from leaving their wives after marriage.
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Marriages among Indian Muslims are solemnised by religious officials known as the “kazi,” and with the new bill, the community has to register the wedding with the government.
Criticisms Against The Assam Muslim Marriage and Divorce Registration Act
However, there are criticisms against the bill passed by the Assam government amid the row over the introduction of the Uniform Civil Code (UCC) in the state. An article published by Scroll cites legal experts to note that child marriage is already outlawed under a central law called the Prohibition of Child Marriage Act, of 2006. The central act already forbids marriages involving minors across the country, the news portal cites Guwahati-based senior advocate Hafiz Rashid Ahmed Choudhury. According to the lawyer, the reason behind the current repeal of the existing legislation was competitive politics.
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The All Assam Minority Student Union Chief, Ainuddin Ahmed, called the new act as another attempt by the BJP government to harass Muslims in Assam, noting that the earlier registration by Khazis was both “easy and cheap,” Quotes Hindustan Times.
Moreover, while criticism includes that the repeal does little to curb child marriage, the new act ends up harassing the community, leading to confusion that the officers appointed under the Special Marriage Act may not be familiar with Muslim personal law practices.
The Assam government is also geared up to bring the UCC soon, as the Centre recently hinted that it would not push for the law while noting that the states can enact.
