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In a major move towards implementing a uniform civil code, the Assam Assembly on Thursday passed a bill to repeal a law that governed the registration of marriages and divorces among Muslims in the state. The Assam Repealing Bill, 2024, abolishes The Assam Moslem Marriages and Divorces Registration Act, 1935, and the Assam Repealing Ordinance 2024.
The BJP-led government in Assam has been pushing for this change, citing the need to end child marriages and bring Muslim marriages and divorces under the government's registration system.
Chief Minister Himanta Biswa Sarma stated that the aim is not only to abolish child marriages but also to move away from the "qazi" system, where clerics register Muslim marriages. Instead, the government wants to bring registration under its own system.
The British-era law allowed for the registration of marriages involving minors under specific conditions. The new legislation, the Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024, will prohibit the registration of child marriages and ensure that all marriages are registered with the government.
Revenue and Disaster Management Minister Jogen Mohan explained that the existing law had several loopholes, including the lack of mandatory registration and informal registration mechanisms, which led to non-compliance and litigation.
He said the new bill aims to prevent underage marriages, marriages without consent, and polygamy, while also protecting women's rights and strengthening the institution of marriage.
The opposition parties have condemned the move, calling it "discriminatory against Muslims" and an attempt to polarise voters. However, the government maintains that the goal is to end the social menace of child marriage and bring about a more uniform and regulated system for marriage and divorce registrations.
The repeal comes against the backdrop of Sarma's repeated calls for a uniform civil code and his outspoken remarks on the state's Muslim population. He has claimed that Muslims in Assam are growing at a rate of 30 per cent every decade and could become the majority population by 2041, surpassing Hindus, whose population is increasing at approximately 16 per cent per decade.
The BJP leader has described this demographic shift as a "matter of life and death", asserting that it is not merely a political issue. He has also suggested redefining the concept of minorities on a district-wise basis, arguing that in districts where Muslims are the majority, Hindus should be recognised as minorities to address imbalances in population and resource distribution.
