Muslim Marriage Act repealed by Assam govt in key step towards UCC

Guwahati: The Assam Cabinet decided Friday night to repeal the Assam Muslim Marriage and Divorce Registration Act, 1935, paving the way for a Uniform Civil Code in the state, less than a month after the Uttarakhand Assembly became the first in the country to approve the UCC.

Minister Jayanta Malla Baruah announced the Assam Cabinet decision to repeal what he called a "colonial Act," describing it as "a very important step in the journey towards a Uniform Civil Code" in the state.

According to the 2011 Census, Muslims account for 34% of Assam's population, or 1.06 crore out of a total of 3.12 crore.

In a social media post shortly after midnight, Chief Minister Himanta Biswa Sarma wrote, “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94 Muslim registrars had even now been doing the registration and divorce of Muslim marriages in the state – has been repealed.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 empowered the state government to provide a licence to any Muslim to register Muslim weddings and divorces "which have been effected within certain limits, on the application being made for such registration". It also defined the scope and responsibilities of these registrars, Indian Express reported.

Baruah referred to it as a "colonial Act" and "not in line with today's society," and linked the decision to the state government's crackdown on child marriage, in which over 4,000 people were 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“Through this (repealed Act), we would also see underage marriages being registered – of boys below 21 years or girls below 18 years.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…”

Baruah stated that the respective District Commissioners will take custody of the 94 registrars acting under this Act and that the Cabinet has decided to compensate them with a one-time financial compensation of Rs 2 lakh.

Chief Minister Sarma has often stated that the Assam administration is striving to implement a UCC. Simultaneously, it has been working on legislation to criminalise polygamy.

The state administration was nearing completion of its anti-polygamy Bill, which was scheduled to be introduced in the current Assembly session. However, Sarma said last week that it will be put on hold for the time being, with the state Cabinet attempting to "align" it with a UCC.

Sarma has already claimed that the tribal communities of the state will be exempt from the UCC.