Gauhati High Court Demands Assam Government's Affidavit on Repeal of 1935 Muslim Marriage Act by August 13

GUWAHATI: The Gauhati High Court has asked the Assam government for the third time to file its affidavit regarding the repeal of the Assam Muslim Marriage and Divorce Registration Act, 1935, by August 13, 2024.

The All Assam Kazi Association (AKA) moved the Gauhati High Court with a public interest litigation (PIL) challenging the repeal of the Act by the State Government. The petitioner also sought an alternative system for marriage and divorce registration of Muslims in the state during the interim period between the repeal of the existing Act and enacting a new Act.

The High Court opted not to issue any direction at that time as the MCC (model code of conduct) for the Lok Sabha election was in force in the state. The Court only asked the state government to submit its affidavit regarding the matter.

The state cabinet took the decision to repeal the Act on February 24, 2024, to pave the way for the implementation of the UCC (Uniform Civil Code) in the state. On March 15, 2024, the governor of the state issued an ordinance regarding the repeal of the Act.

The state government that began its crusade against child marriage did find that the repealed Act was putting hurdles before the government to combat the social evil of child marriage.

After repealing the Act, Chief Minister Himanta Biswa Sarma said, “We have taken a significant step to ensure justice for our Muslim daughters and sisters by putting additional safeguards against child marriage. This Act contains provisions allowing marriage registration even if the bride and groom have not reached the legal ages of 18 and 21 as required by the law.” 

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