The Assam Muslim Marriage and Divorce Act 1935, a draconian act dating back to the British era, which permitted Muslim men to marry girls as young as seven to eight years old and allowed multiple marriages has been repealed by the Assam Government. However, the decision faces opposition from the Congress party, sparking questions about whether this resistance is rooted in genuine concerns or driven by vote bank politics. Let’s delve into the intricacies and implications of this controversial decision.
“As long as I am alive, I will not let child marriage take place in Assam. The Assam cabinet made a significant decision to repeal the age-old Assam Muslim Marriages & Divorces Registration Act. This act contained provisions allowing marriage registration even if the bride and groom had not reached the legal ages of 18 and 21, as required by law. This move marks another significant step towards prohibiting child marriages in Assam” — Himanta Biswa Sarma, Assam CM
A significant move towards implementing the Uniform Civil Code (UCC), the Assam Government, led by Chief Minister Himanta Biswa Sarma, made a decisive decision to repeal the archaic Act. The pivotal announcement was made during a cabinet meeting on January 23, underlining the State’s commitment to modernise its legal framework.
The BJP Government in Assam emphasised the importance of this decision in the context of achieving a Uniform Civil Code. The Government explained that all matters related to Muslim marriages and divorces would now fall under the purview of the Special Marriages Act, aligning with Chief Minister Sarma’s vision for a uniform legal framework.
Outcome of the Repeal
The key implications of the repeal are “The Assam Muslim Marriage & Divorce Registration Act 1935, under which 94 Muslim registrars were still functioning, has been repealed with immediate effect. The cabinet has ended this Act, and no Muslim marriage or divorce will be registered under this act. All matters will now be settled through the Special Marriages Act.”
The authority for the registration of Muslim marriages and divorces will now transition to the District Commissioner and the District Registrar, streamlining the process and ensuring uniformity. Additionally, the 94 Muslim registrars, under the repealed Act, will be relieved of their duties, accompanied by a one-time compensation of Rs 2 lakh for each individual.
Why crackdown on child marriages?
- Last year, the Assam Government had launched an unprecedented punitive crackdown against child marriages, arresting more than 4,000 and prosecuting most of them under the Protection of Children from Sexual Offences (POCSO) Act. The Government has resolved to “eradicate” child marriage by 2026
- The particular provision of the Act which was the chief minister said allowed child marriage is regarding the process of making a marriage application to the registrar. It states: “… provided that if the bride and groom, or both, be minors, application shall be made on their behalf by their respective lawful guardians…”
- Under Muslim personal law, the marriage of a bride who has attained puberty is considered valid. Puberty is presumed, in the absence of evidence, on turning 15 years old
The State Government emphasised the broader societal impact of this decision, particularly in combating child marriage. The Government stated, “This move is a step towards eradicating child marriage, which is the marriage of men under 21 years of age and women under 18 years of age.” By discarding an outdated legal framework, the Government aims to address not only the immediate concerns related to Muslim marriages but also contribute to the larger goal of social reform.
As Assam pioneers this progressive step, it signals a commitment to legal modernisation and societal welfare, resonating with the broader vision of a Uniform Civil Code. The decision reflects a conscious effort to adapt to contemporary values and move beyond historical legislative remnants.
Why the Repeal?
The decision to repeal the 89-year-old Muslim Marriage and Divorce Act in Assam stems from critical concerns surrounding its provisions. The existing law allowed marriages, involving individuals below 21 years for males and 18 years for females, with minimal monitoring for enforcement. The repeal, however, brings an end to the voluntary registration of Muslim marriages and divorces, eliminating the issuance of licences for such registrations. The Assam Government emphasises that District Commissioners and Registrars will now assume control of registration records previously held by 94 Muslim Marriage Registrars. While defending the repeal in the State Assembly, Chief Minister Himanta Biswa Sarma pointed out that the Act’s alarming provision allowing marriages between seven-eight year old girls and older men. He criticised the opposition Congress and AIUDF for potentially siding with such draconian practices for political gains. The move sparks a crucial debate on the balance between tradition and safeguarding vulnerable individuals within the legal framework.
As long as I am alive….
Pledging to eradicate this practice by 2026, Himanta Biswa Sarma emphasised the Government’s commitment to protect the rights of young girls. The Assam Cabinet’s approval to repeal the outdated Muslim Marriage and Divorce Act is positioned as a crucial step toward ending child marriage in the State.
Responding to criticism in the State Assembly, Chief Minister Sarma stated that the repeal aimed at abolishing child marriage, asserting, “I will not let this happen as long as Himanta Biswa Sarma is alive.” He highlighted the relief Muslim women would experience from “torture and exploitation” once the Act is revoked, emphasising the challenges they faced under the previous legal framework. The Chief Minister underscored the significance of this move, comparing it to the Prime Minister’s previous efforts in ending triple talaq.
Criticism to Score Brownie Points
However, the decision faced opposition from Congress and AIUDF, with both parties walking out of the State Assembly in protest. The AIUDF, led by Badrudding Ajmal, expressed dissent by squatting on the floor in the well of the House, emphasising that amendments could have been made to the original Bill without its complete repeal. Despite their efforts, the Speaker rejected an adjournment motion to discuss the Cabinet decision. AIMIM leader Waris Pathan criticised the BJP Government, labelling it as anti-Muslim and arguing that the repeal violated constitutional rights. In response, Assam Minister Pijush Hazarika questioned the logic behind branding the repeal as anti-Muslim, highlighting the need to address a law that permitted the marriage of young girls to adult men.
Leader of the Opposition and senior Congress leader Debabrata Saikia voiced concerns over the repeal of the Muslim Marriages and Divorces Registration Act, asserting that this decision could potentially give rise to more cases of illegal marriages in the State. The regional party AJP also joins the opposition, with party president Lurin Gogoi expressing disapproval. Gogoi emphasised that the Government’s unilateral move not only challenges established social customs and religious beliefs but also has the potential to ignite social unrest by disregarding public sentiments.
Additionally, Samajwadi Party MP ST Hasan, on February 24, conveyed a firm stance that Muslims would adhere exclusively to Shariat and the Quran, suggesting that community-specific personal laws hold precedence over any state-imposed regulations. These varied perspectives reflect the complex and sensitive nature of the discourse surrounding the repeal, as stakeholders navigate the intricate intersection of legal reforms, cultural norms, and individual freedoms.
The Motive
Chief Minister Himanta Biswa Sarma, while defending the decision and refuting the criticism, stated that the repealed Act, rooted in the pre-Independence era, allowed marriage registration below the legal ages of 18 and 21. The move, according to him, aimed at aligning the State’s legal framework with contemporary values and safeguarding the rights of minors. The debate surrounding the repeal raises fundamental questions about the balance between religious practices and the protection of vulnerable individuals. As Assam charts this transformative course, the repercussions and reactions echo beyond the State, sparking a broader conversation on legislative changes to address outdated practices. The political and social dimensions intertwine, underscoring the challenges of navigating tradition and reform in a diverse society. The true impact of this decision will unfold in the coming years, reflecting the commitment of the Assam Government to create a safer and more equitable environment for its citizens.
