Assam: State Government Introduced Bill to Repeal British-era Muslim Marriage Act

Staff Reporter

GUWAHATI: The Assam government introduced the Assam Repealing Bill, 2024, to repeal the British-era  Assam Moslem Marriages and Divorces Act, 1935, and the Assam Repealing Ordinance, 2024, in the state assembly, the autumn session of which began today.

Earlier, the state cabinet took the decision to repeal the Assam Moslem Marriages and Divorces Act, 1935.

On behalf of the state government, Revenue and Disaster Management Minister Jogen Mohan tabled the repealing bill on the floor of the house today. The opposition has the right to propose amendments to this bill, if they have any.

The house did not discuss the bill today and kept it for discussion later during this session.

According to the object of the bill, "Replacement Bill for the Assam Repealing Ordinance, 2024, for Repeal of Assam Muslim Marriages and Divorces Registration Act, 1935, and Assam Moslem Marriages and Divorces Registration Rules, 1935."

The reasons are: "It is a pre-independence Act adopted by the British India Government for the then Province of Assam for Muslim religious and social arrangements.

"The registration of marriages and divorces is not mandatory, and the machinery of registration is informal, leaving a lot of scope for non-compliance with existing norms.

"There remains a scope for registering marriages of intended persons below 21 years of age (in the case of males) and 18 years of age (in the case of females), and hardly any monitoring has been made for the implementation of this act throughout the state, which attracts and invites a huge amount of litigation in the criminal and civil courts.

"There is a scope of misuse by both authorised licensees (Muslim marriage registrars) as well as by citizens for underage or minor marriages and forcefully arranged marriages without the consent of the parties."

To fill the vacuum to be created after the repeal of the existing act, the state government is likely to bring a new bill,  'the Assam Muslim Marriage Registration (Compulsory) Bill, 2024'.

Also read: Gauhati High Court Demands Assam Government's Affidavit on Repeal of 1935 Muslim Marriage Act by August 13 (sentinelassam.com)

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