On Thursday, July 18, 2024, the Assam government approved a landmark decision to repeal the colonial-era Assam Muslim Marriages and Divorce Registration Act and Rules of 1935. The Himanta Biswa Sarma-led cabinet passed the Assam Repealing Bill, 2024, which will nullify the outdated legislation concerning Muslim marriages and divorces.
The cabinet’s decision aimed at aligning marriage and divorce registration practices across communities. The official statement read, “To ensure uniformity in the registration of marriages and divorces, the State Cabinet has approved The Assam Repealing Bill, 2024. This bill seeks to repeal both the Assam Muslim Marriages and Divorces Registration Act, 1935, and its accompanying rules.”
The Assam Repealing Bill, 2024, will be presented to the Assam Assembly for consideration during the upcoming monsoon session. Additionally, the cabinet has mandated the formulation of new legislation for the registration of Muslim marriages in Assam, to be introduced in the next assembly session.
Chief Minister Himanta Biswa Sarma, in a post on X (formerly Twitter), highlighted the significance of the move, stating, “We have taken a decisive step towards ensuring justice for our daughters and sisters by introducing stronger safeguards against child marriage.”
The repeal of the 1935 laws will bring substantial reforms to the handling of Muslim marriages in Assam. Key changes include the prohibition of child marriages, mandatory marriage registration, and the elimination of Qazis (the officials responsible for marriage and divorce registrations under the old law).
Historically, the Assam Muslim Marriages and Divorce Registration Act, 1935, had provisions that effectively permitted child marriages. Section 8 of the Act stated that if either the bride or bridegroom was a minor, their lawful guardians had to apply for marriage registration. Section 10 (1) further mandated that if either party was a minor, the marriage entry in the register had to include details of their guardians.
The Act also included forms that required the names and details of the guardians for minors, thereby formalising child marriages within the legal framework, even after the Prohibition of Child Marriage Act was enacted. With the repeal of the 1935 Act, child marriage will be unequivocally banned in Assam.
The repeal will also dissolve the positions of 94 ‘Muslim Marriage Registrars’ currently operating in Assam. Affected officials will receive a one-time compensation of Rs 2 lakhs for their rehabilitation.
The decision to repeal the law was made in February 2024. The 1935 legislation, which was enacted when the legal marriage age for girls was 14 and for boys was 18 (as per the Child Marriage Restraint Act of 1929), had remained a relic of a bygone era. Despite the age of marriage being raised to 18 for girls and 21 for boys under the Prohibition of Child Marriage Act of 2006, the 1935 law continued to sanction child marriages for Muslims in Assam.
The repeal marks a significant step toward modernising marriage laws and safeguarding the rights of women and children in Assam.
