The Assam Cabinet decided Friday night to repeal the Assam Muslim Marriage and Divorce Registration Act, 1935, taking the first step towards a Uniform Civil Code in the state, a fortnight after the Uttarakhand Assembly became the first in the country to show the green light to the UCC.
Announcing the Assam Cabinet decision on doing away with what he called a “colonial Act”, Minister Jayanta Malla Baruah said it was “a very important step in the journey towards a Uniform Civil Code” in the state.
According to the 2011 Census, Muslims constitute 34% of Assam’s population, standing at 1.06 crore out of a total population of 3.12 crore.
A little after midnight, Chief Minister Himanta Biswa Sarma, in a social media post, said, “On 23.22024, 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.”
Baruah, while briefing the media, said, “The Assam Muslim Marriage and Divorce Registration Act 1935 – on the basis of which 94 Muslim registrars had even now been doing the registration and divorce of Muslim marriages in the state – has been repealed. Today’s Cabinet (meeting) has removed this Act as a result of which, after today, Muslim marriage registration or divorce registration cannot happen through this Act. We have a Special Marriage Act, so we want all marriages to happen under the Special Marriage Act.”
The Act had authorised the state government to grant a licence to any person, being a Muslim, to register Muslim marriages and divorces, “which have been effected within certain limits, on application being made for such registration”. It also laid down the scope and responsibilities of such registrars.
Calling it a “colonial Act” and “not in line with today’s society”, Baruah tied the decision to the state government’s crackdown against child marriage, as part of which over 4,000 people have been arrested.
“Through this (repealed Act), we would also see underage marriages being registered – of boys below 21 years or girls below 18 years. So this is a big step towards us being able to completely eradicate child marriage,” he said.
A clause in the Act, which specified who must make the marriage applications to the registrar, stated, “…provided that if the bride and groom, or both, be minors, application shall be made on their behalf by their respective lawful guardians…”
34% of state population
Muslims constitute 34% of Assam’s total population. A total of 94 registrars were empowered under the Act to register a marriage or divorce. The Assam government says the Special Marriage Act will now apply.
Baruah said the respective District Commissioners will take custody of the 94 registrars operating under this Act, and that the Cabinet had decided to provide them with a one-time financial compensation of Rs 2 lakh.
Chief Minister Sarma has repeatedly said that the Assam government is working towards introducing a UCC. At the same time, it has also been working on a Bill to ban polygamy, making it a criminal offence.
The state government was in the final lap of its anti-polygamy Bill and was due to introduce it in the ongoing Assembly session. However, last week, Sarma suggested that it was likely to be put on hold for the time being with the state Cabinet looking to “align” it with a UCC.
Sarma has also previously stated that the state’s tribal communities will be exempt from the UCC.
Aisha Patel is a dedicated Indian correspondent with a deep understanding of the nation’s diverse affairs. With a background in Indian culture, politics, and current events, she provides in-depth analysis and timely reporting on domestic issues within India.
