Assam’s Bold Move: Abolishing the Muslim Marriage Act

By: Dr. Wahengbam Rorrkychand Singh
In a significant move reflecting the evolving demographic and legal landscape of Assam, Chief Minister Himanta BiswaSarma announced on Thursday the repeal of the Assam Muslim Marriages and Divorce Registration Act and Rules, 1935. This historic decision, posted on his microblogging site X, aims to introduce additional safeguards against child marriage, aligning with modern societal norms and current legal standards.
Assam, with a growing Muslim population now constituting 40% of the state’s demographic due to unchecked illegal immigration from Bangladesh, faces unique challenges. In 1951, Muslims comprised only 12 % of Assam’s population, but this number has surged to 40 %.
The 1935 Act, a colonial-era relic, laid down the process for registering marriages and divorces in accordance with Muslim personal law. However, it contained provisions that contradicted contemporary legal standards, particularly regarding the legal marriage age.
The government highlighted that the Act permitted the registration of marriages even if the bride and groom had not reached the legal marriage age of 18 and 21, respectively. Section 8 (1) of the Act stated, “…if the bridegroom or the bride, or both, be minors, application shall be made on their behalf by their respective lawful guardians: and provided further that, if the bride be pardanasheen, such application may be made on her behalf by her duly authorised Vakil.”
This provision effectively allowed for the marriage of a minor girl, potentially as young as 10, to an older man, provided she observed purdah. Such leniency towards underage marriage has been exploited, facilitating marriages driven by wrongful intentions and sexual desires. The informal mechanism for marriage registration under this Act also led to potential misuse by kazis, the government-registered officials responsible for conducting marriages.
Section 10 (1) of the Assam Muslim Marriages and Divorces Registration Act further states,
“If the entry be of a marriage in a register in the Form (A) contained in the Schedule I to this Act by the parties to the marriage, or, I either or both of them be minors, by their lawful guardians respectively.”
The legislation also includes a form listed under Schedule I, which requires the following details:
* Name of the guardian of the bridegroom (if the bridegroom is a minor) and the guardian’s father, including the guardian’s residence and their relationship to the bridegroom.
* Name of the guardian of the bride (if she is a minor) and her father, including the guardian’s residence and their relationship to the bride.
Allegations of underage marriages and improper divorces underscored the urgent need for reform. The Assam government’s decision to abolish this outdated Act is a decisive step towards curbing child marriage. It aligns with the NDA government’s broader move towards implementing a Uniform Civil Code, promoting justice and equality.
This initiative by the Assam government could serve as a powerful tool, or ‘Brahmastra,’ in the crackdown on child marriages, not only in Assam but also across other states in Bharat.
Impacted by the rise of illegal Muslim migrants, Assam has taken decisive action after experiencing significant challenges. This issue is not confined to Assam alone. Over the last three decades, illegal migration has increased manifold across the Northeastern states and other regions of the nation. In Manipur, the influx of illegal Kuki migrants from neighboring Myanmar has already caused turmoil, turning the state into a battleground. The question remains, which state will follow Assam’s lead?
(About the writer: The writer is a journalist based in Imphal)