Assam Government Repeals Muslim Marriage Act: Understanding the Decision and Political Context           

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February 25, 2024

Assam Government Repeals Muslim Marriage Act: Understanding the Decision and Political Context           

Introduction:

  • In a recent development, the Assam government has taken the decision to repeal the Assam Muslim Marriage and Divorce Registration Act of 1935, following a meeting on Friday, February 23. This decision has stirred discussions regarding its implications, the rationale behind it, and the political climate surrounding the move.

Understanding the Act:

  • Enacted in 1935, the Assam Muslim Marriage and Divorce Registration Act lays down the process for registering Muslim marriages and divorces in the state. With a 2010 amendment making registration compulsory, it operates in alignment with Muslim personal law, authorizing the state to grant licenses for registration.

Assam Government’s Rationale:

  • Chief Minister Himanta Biswa Sarma cited the Act’s provisions allowing marriage registration for minors as a key reason for its repeal, framing it as a step towards curbing child marriages in the state. The government views the Act as outdated, labeling it as a relic of the British era with informal registration mechanisms, leading to non-compliance.

Link to Crackdown on Child Marriages:

  • The decision to repeal the Act aligns with the Assam government’s aggressive stance against child marriages, evidenced by a significant crackdown launched last year. By targeting provisions facilitating underage marriages, the government aims to eradicate this practice by 2026.

Political Context:

  • The political backdrop against which this decision unfolds reveals broader agendas. Assam’s BJP-led government has been vocal about introducing a Uniform Civil Code (UCC), with the repeal of the Act seen as a step towards this goal. This move aligns with a series of interventions addressing concerns over demography and migration, particularly in relation to Assamese nationalist sentiments.

Conclusion:

  • The Assam government’s decision to repeal the Muslim Marriage Act reflects a complex interplay of legal, social, and political factors. While framed as a measure to combat child marriages and modernize registration processes, it also intersects with broader agendas related to identity, migration, and governance. As discussions unfold, it remains to be seen how this decision will impact Muslim communities in Assam and shape the state’s legal landscape in the future.

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Assam Government Repeals Muslim Marriage Act: Understanding the Decision and Political Context | Vaid ICS Institute