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In a significant move aimed at curbing child marriage in Assam, the state Cabinet took a decisive step by repealing the outdated ‘Assam Muslim Marriages and Divorces Registration Act, 1935.’
Chief Minister Himanta Biswa Sarma announced this pivotal decision on social media, emphasizing its importance in the fight against child marriages. The act, which permitted marriage registration even if the individuals hadn’t reached the legal ages of 18 and 21, was seen as an obstacle to efforts to eradicate underage marriages in the state.
In his statement, the Chief Minister highlighted the importance of this decision, stating, “On February 23, the Assam cabinet made a significant decision to repeal the age-old Assam Muslim Marriages and 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.”
The state government outlined the operational details following the repeal of the law. It was decided that District Commissioners and District Registrars would take custody of registration records currently held by 94 Muslim Marriage Registrars, under the overall supervision of the Inspector General of Registration. Additionally, a one-time compensation of Rs 2 lakh will be provided to Muslim Marriage Registrars for their rehabilitation following the repeal of the Act.
Explaining the rationale behind repealing the law, the Assam Government cited its antiquated origins as a pre-Independence Act of the British era for the then Province of Assam. Moreover, the Act’s provision for marriage registration wasn’t mandatory, and the registration process lacked formal oversight, leaving room for non-compliance with existing norms. Additionally, the Act allowed for the registration of marriages involving individuals below the legal marriageable ages of 21 for males and 18 for females, with inadequate monitoring for enforcement.
By repealing this outdated legislation, the Assam government has taken a proactive stance in safeguarding the rights and well-being of its citizens, particularly vulnerable youth, and ensuring that marriages are conducted in accordance with legal requirements and societal norms.