Assam to introduce bill to repeal Muslim Marriage Act in Assembly
While the state government has claimed that the proposed law aims to stop child marriage, experts contended that repealing the 1935 Act would cause confusion.
The Assam government will table a bill to repeal the state’s Muslim Marriages and Divorces Registration Act, 1935, in the upcoming Monsoon Session of the Assembly, said Chief Minister Himanta Biswa Sarma on Thursday.
The Act allows registrars operating in the districts to grant licences to Muslim persons to register marriages and divorces in line with Muslim personal law.
Announcing the decision, Sarma wrote on social media: “We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage.”
His comment was in reference to Section 8(1) of the Act, which allows the registration of marriages involving minors.
The state Cabinet approved the Assam Repealing Ordinance, 2024, to quash the Act in February. The chief minister had said at the time that the move “marks another significant step towards prohibiting child marriages in Assam”.
However, experts had argued that the repeal would lead to confusion. They told Scroll that the Assam government did not need to repeal the whole Act if stopping child marriages was the only objective. They said only Section 8(1) could have been amended for the purpose.
They also said that the Prohibition of Child Marriage Act, 2006, which is a Central act, already forbids marriages involving minors across the country.
On Thursday, Sarma said the Cabinet has decided that alternative registration should be introduced for Muslim marriages, which will be considered in the next Assembly session.
Muslims constitute 34% of the northeastern state’s population, according to the 2011 Census.
In February 2023, Assam Police launched a crackdown on child marriages, arresting more than 4,000 persons under either the Protection of Children from Sexual Offences Act or the Prohibition of Child Marriage Act.
Also read: Assam’s repeal of Muslim marriage act will not curb child marriage – but could pressure Muslims