Assam repeals Muslim Marriage & Divorce Registration Act

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Assam Assembly passes bill to abolish Muslim Marriage Act

By Our Special Correspondent

New Delhi, August 29: Assam Assembly on Thursday repealed a British-era law for Muslim Marriage Registration Act. Marriages and divorces among the Muslim community will now be mandatorily mandated under a new law.

Assam Chief Minister Himanta Biswa Sarma vowed to end the child marriages in the state. Sarma cited POCSO Act and the Bharatiya Samhita Act in his arguments during the discussion over the repealing bill of the marriages and divorces among the Muslims.

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“An intercourse with a child girl amounts to rape under the Bharatiya Samhita Act. This can be proved with the use of technology. This bill is to end child marriages,” said Sarma.

The Chief minister defended the repeal of the Assam Mulism Marriage and Divorce Act, 1935. Sarma said that “Muslim marriages and divorces in Jammu and Kashmir and Kerala are registered with the state”.

“We are ending the practice of the registration of the marriages and divorces among the Muslims with the private parties,” said Sarma.

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The chief minister said that the bill seeks to end the ‘Kazi’ system of the registration of marriages and divorces among the Muslims. The Opposition MLAs questioned the chief minister, saying that 84 per cent of the child marriages take place among the non-Muslims.

“Polygamy in Assam is not among the non-Muslim. Polygamy is largely practised by the followers of Islam and Muslims,” said Sarma. He rejected the claims of the Opposition MLAs that the polygamy is practiced among the tribal communities.

The chief minister asserted that “polygamy amounts to exploitation of women”. The chief minister said that his claims are based on data about the issue of polygamy.

Sarma also said that the registration of the marriages and divorces among the Muslims will now take place as per the order of the Supreme Court. He said that the main objective is to end the child marriages in the state.

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The Assam Repealing Bill which sought to end the 1935 Act was discussed in the Assam Assembly on Thursday. Sarma said that the Assembly has the power to legislate on the issue.

“This is an independent Act of Assam,” added Sarma. The Opposition sought to know if the government also sought to abolish the ‘Kazi’ system.

The chief minister clarified that the bill seeks to abolish the system of the registration of marriages and divorces among the Muslims through ‘Kazi’.

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