Assam To Scrap ‘Age-Old’ Muslim Marriage Registration Law, Signals Towards UCC; What Will Change | Explained

The Assam government has signalled a major step towards implementing a Uniform Civil Code (UCC) by deciding to repeal the personal law governing marriages and divorces among Muslims in the state. This decision reflects a broader push towards establishing a common set of laws applicable to all Indian citizens, irrespective of religion, in matters concerning personal affairs like marriage, divorce, inheritance, and adoption.

Repeal of the Assam Muslim Marriage and Divorce Registration Act, 1935

The Assam Cabinet, led by Chief Minister Himanta Biswa Sarma, announced the annulment of the Assam Muslim Marriage and Divorce Registration Act, 1935. This act, considered "age-old" by Chief Minister Sarma, allowed marriage registration even if the individuals had not attained the legal ages of 18 and 21, as mandated by law.

“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,” Himanta Biswa Sarma wrote in a social media post on X.

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With the repeal of the Assam Muslim Marriage and Divorce Registration Act, the government aims to bring all such matters under the ambit of the Special Marriage Act. This shift signifies a move towards a more uniform legal framework governing personal matters across different religious communities.

Now, What would be the implications and changes after the repeal of the Assam Muslim Marriage and Divorce Registration Act, 1935:

Formalisation of Registration:

The current law allows voluntary registration of marriages and divorces among Muslims in Assam, without making it mandatory. The registration process is informal, potentially leading to non-compliance with existing norms. With the repeal of the Act, the government intends to formalise the registration process, ensuring adherence to legal standards.

Discontinuation of Muslim Registrars:

Following the repeal, Muslim registrars authorised to register marriages and divorces in the community will no longer have the authority to do so. The decision affects 94 Muslim registrars who were previously responsible for registering marriages under the now-repealed law. The government has announced a one-time compensation of Rs 2 lakh for each affected registrar.

Custody of Registration Records:

District commissioners and district registrars will assume custody of registration records previously held by the 94 Muslim Marriage Registrars. The registrations will now be conducted under the supervision and control of the Assam Inspector General of Registration, ensuring proper management and transparency in record-keeping.

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Prevention Of Child Marriages:

Certain provisions in the repealed law allowed marriages to be registered even if the bride and groom were below the legal age of marriage (18 and 21 years for females and males respectively). The scrapping of these provisions is seen as a major step towards curbing child marriages in Assam, aligning with broader efforts to protect the rights and well-being of minors.