In a notable move aimed at preventing child marriages in Assam, Chief Minister Himanta Biswa Sarma annulled the longstanding Assam Muslim Marriages and Divorces Registration Act on Friday. Sarma highlighted that the Act permitted marriage registration even if the individuals involved were below the legal ages of 18 and 21.
The Assam Cabinet granted approval to the Assam Repealing Ordinance, 2024, on Friday, paving the way for the abolition of the Assam Muslim Marriages and Divorces Registration Act. It is believed that this repeal sets the stage for the implementation of the Uniform Civil Code in the state.
Anticipated Changes after the Implementation of the Ordinance:
The current law allows voluntary registration of Muslim marriages and divorces. Following the implementation of the new ordinance, district commissioners and district registrars will be authorized to assume custody of registration records currently held by 94 Muslim Marriage Registrars.
Additionally, a one-time compensation of ₹2 lakh will be offered to Muslim Marriage Registrars for their rehabilitation post the Act’s repeal.
Reasons for Repealing the Act:
The Assam government stated that the Act was an outdated pre-independence legislation from the British era for the Province of Assam. It emphasized that the Act’s informal registration process, coupled with the lack of mandatory requirements, provided ample room for non-compliance with existing norms.
Furthermore, the Act’s provisions allowed the registration of marriages for individuals below 21 years (males) and 18 years (females), with minimal monitoring for its effective implementation.
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