Assam Assembly Passes Bill To Abolish Muslim Marriages, Divorce Act; Paves Way for Uniform Civil Code

Dispur: In a massive move towards the implementation of a uniform civil code, the Assam Assembly passed the Assam Repealing Bill, 2024, on Thursday, effectively abolishing the Assam Moslem Marriages and Divorces Registration Act of 1935.

The BJP-led government in Assam has argued that this change is crucial to ending child marriages and ensuring that Muslim marriages and divorces are registered under the government’s official system.

Chief Minister Himanta Biswa Sarma stated that the objective is not only to eradicate child marriages but also to transition away from the traditional “qazi” system, where clerics are responsible for registering Muslim marriages. The new legislation, the Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024, aims to prohibit the registration of child marriages and mandate that all marriages be formally registered with the government.

Revenue and Disaster Management Minister Jogen Mohan pointed out that the previous law was riddled with loopholes, such as the lack of mandatory registration and informal processes that led to widespread non-compliance and legal disputes. The new bill seeks to prevent underage marriages, marriages without consent and polygamy, while also safeguarding women’s rights and reinforcing the institution of marriage.

Opposition parties have criticized the repeal, labelling it as “discriminatory against Muslims” and an attempt to polarize voters. However, the government defends the move as a necessary step to eliminate the social evil of child marriage and establish a more consistent and regulated system for marriage and divorce registrations.

This legislative change comes amid Chief Minister Sarma’s persistent calls for a uniform civil code and his comments on the state’s Muslim population growth. He has claimed that Muslims in Assam are expanding at a rate of 30% per decade, which could potentially result in them becoming the majority population by 2041, outpacing the Hindu population’s growth rate of 16% per decade. Sarma has described this demographic trend as a “matter of life and death,” arguing that it is a critical issue that goes beyond politics.