Why has Assam decided to repeal its Muslim Marriage Act?
- It was announced that the Assam state Cabinet has decided to repeal the Assam Muslim Marriage and Divorce Registration Act of 1935.
- In the meeting, the Cabinet approved the ‘Assam Repealing Ordinance 2024’ which will repeal the 89-year-old Act.
Key Highlights
What is the Act meant for?
- Enacted in 1935, the Act lays down the process for registration of Muslim marriages and divorces.
- A 2010 amendment replaced the word ‘voluntary’ in the original Act with ‘compulsory’, making registration of Muslim marriages and divorces compulsory in the state of Assam.
- The Act authorises the state to grant licences to “any person, being a Muslim” to register marriages and divorces, with Muslim registrars deemed to be public servants.
- It lays down the process through which marriage and divorce applications can be made to the registrar, and the process for their registration.
- Crucially, the Act is in line with the Muslim personal law.
What is the Assam government’s rationale behind repealing the Act?
- The Assam government said that the Act contains provisions allowing marriage registration even if the bride and groom have not reached the legal marriageable age of 18 and 21, respectively.
- Under Muslim personal law, the marriage of a bride who has attained puberty is considered valid. Puberty is presumed, in the absence of evidence, on turning 15 years old.
Prelims Takeaway
- Muslim personal law
- Child marriage act