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Assam Government Repeals 1935 Muslim Marriage and Divorce Registration Act, Citing Move Toward Uniform Civil Code

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State Cabinet Decision Aimed at Ending Underage Marriages and Streamlining Registration Process

GUWAHATI: In a significant move towards aligning with a Uniform Civil Code (UCC), the Assam government has announced the repeal of the Assam Muslim Marriage and Divorce Registration Act, 1935. The decision was disclosed by Minister and government spokesperson Jayanta Malla Baruah following a late-night meeting of the state cabinet on Friday.

Baruah emphasized that the decision to repeal the Act stemmed from the state’s trajectory towards adopting a Uniform Civil Code, as articulated by Chief Minister Himanta Biswa Sarma. “Chief Minister Himanta Biswa Sarma has already said we are heading towards UCC. So, we took a very important decision today. The Assam Muslim Marriage and Divorce Registration Act, 1935 has been repealed by the cabinet,” Baruah stated.

Under the repealed Act, Muslim marriages and divorces were registered separately from those under the Special Marriage Act. However, with the recent decision, Muslim marriages and divorces will no longer be registered under this Act. Instead, the state government advocates for the registration of all marriages under the Special Marriage Act to streamline the process.

Explaining the rationale behind the repeal, Baruah highlighted concerns regarding underage marriages facilitated under the outdated British-era Act. “There will now be no registration of Muslim marriage and divorce under this Act. We have the Special Marriage Act and we want all marriages to be registered under it,” he emphasized.

The move is also seen as a significant step towards curbing child marriages in the state. Baruah reiterated, “We believe this (repeal of the Act) will be a big step against child marriage,” indicating the government’s commitment to safeguarding the rights and well-being of children.

In light of the repeal, the state government has announced a one-time compensation of Rs 2 lakh each to the 94 Muslim marriage registrars who were previously involved in the registration process under the repealed Act. Going forward, the responsibility of marriage registrations will be entrusted to district commissioners or district registrars.

 

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