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Assam Repeals 1935 Muslim Marriage Law to Strengthen Child Marriage Safeguards

19 Jul. 24: The Assam government has repealed the Assam Muslim Marriages and Divorce Registration Act and Rules of 1935, a colonial-era legislation. Chief Minister Himanta Biswa Sarma announced the decision on Thursday, according to a report by the Times of India, claiming that this move aims to ensure justice and provide additional safeguards against child marriage.

Sharing the decision on social media platform X, CM Sarma stated, “We have taken a significant step to ensure justice for our daughters and sisters by putting additional safeguards against child marriage.”

He added that suitable legislation for the registration of Muslim marriages would be introduced in the next assembly session.

The repeal, which came through the Assam Repealing Bill 2024, eliminates provisions such as Section 8 of the 1935 Act. This section required lawful guardians to apply for marriage registration if either the bride or groom, or both, were minors. This outdated mechanism will now be scrapped.

The move aligns with the broader objective of implementing a Uniform Civil Code (UCC), as previously indicated by state minister Jayanta Malla Baruah. The decision also follows a similar action by BJP-governed Uttarakhand, which adopted the UCC less than three weeks ago.

The repeal will lead to many changes, including making marriage registration compulsory and removing Qazis – the traditional marriage and divorce registrars – from the process. All nuptial and divorce proceedings will now fall under the ambit of the Special Marriage Act of 1954.

This decision marks a critical advancement in Assam’s legislative framework, in the name of protecting minors and modernizing the registration of marriages within the state.

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