'Significant Step Towards Prohibiting Child Marriages': Assam CM Sarma On State Cabinet's Decision To Repeal Muslim Marriage Act

Assam Chief Minister Himanta Biswa Sarma on Saturday (24 February) said that the state cabinet's decision to repeal the age-old Assam Muslim Marriages & Divorces Registration Act was a significant step towards "prohibiting child marriages".

This comes after the Assam cabinet decided Friday (23 February) night to repeal the Assam Muslim Marriage and Divorce Registration Act, 1935, taking the first step towards a Uniform Civil Code in the state.

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"The Assam cabinet made a significant decision to repeal the age-old Assam Muslim Marriages & Divorces Registration Act," Sarma said in a post on X.

"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," Sarma added.

Assam Minister Jayanta Malla Baruah, while announcing the Assam Cabinet decision on doing away with what he called a “colonial Act”, said it was “a very important step in the journey towards a Uniform Civil Code” in the state, Indian Express reported.

“The Assam Muslim Marriage and Divorce Registration Act 1935 – on the basis of which 94 Muslim registrars had even now been doing the registration and divorce of Muslim marriages in the state – has been repealed. Today’s Cabinet (meeting) has removed this Act as a result of which, after today, Muslim marriage registration or divorce registration cannot happen through this Act. We have a Special Marriage Act, so we want all marriages to happen under the Special Marriage Act," Barua said in press conference.

The Act had authorised the state government to issue licences to any person, being a Muslim, allowing them to officially register Muslim marriages and divorces, “which have been effected within certain limits, on application being made for such registration”.

Furthermore, it defined the scope and responsibilities of these registrars.

"Through this (Act), we would also see underage marriages being registered – of boys below 21 years or girls below 18 years. So this is a big step towards us being able to completely eradicate child marriage,” Barua said.

"A clause in the Act, which specified who must make the marriage applications to the registrar, stated, “…provided that if the bride and groom, or both, be minors, application shall be made on their behalf by their respective lawful guardians…," he added.

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