The Impact of Repealing Assam’s Muslim Marriage Act on Women’s Rights

On 25^th February 2024, the Assam government approved an ordinance repealing the Assam Muslim Marriage and Divorce Registration Act of 1935.

• The Act governed the registration of Muslim marriages and divorces in the state
• With the repeal, Muslim marriages and divorces must now be registered under the Special Marriage Act, 1954 which applies irrespective of religion

Key Provisions of Repealed Act

• Originally voluntary registration of Muslim marriages and divorces
• 2010 amendment made registration compulsory
• Authorized state to license Muslim individuals as marriage registrars
• Registrars deemed public servants
• Laid out process for marriage and divorce registration applications

Reasons Cited for Repeal

Outdated provisions allowing underage marriages

1. • Act permitted registration of marriages with brides under 18 and grooms under 21
   • Contradicted current legal marriageable ages

Crackdown on child marriage

1. • Repeal aimed at government’s efforts to eradicate child marriage in Assam

Informal mechanism prone to misuse

1. • Allegations of underage marriages and divorces facilitated by government-registered kazis without proper grounds

Move towards Uniform Civil Code

1. • Seen as step towards implementing UCC in Assam similar to Uttarakhand
   • Streamlining marriage laws across communities under common legal framework

Arguments Against Repeal

• Provided simple, decentralized marriage registration process through kazis across state
  • Fear complex Special Marriage Act procedures may deter poor and illiterate from registering marriages
• Concerns of increase in unregistered marriages with complete repeal
• Criticism and legal challenges from advocates, political parties alleging exploitation of Muslims

Statistics

Broader Context: Muslim Personal Law

• Muslim personal law governs marriage, divorce, inheritance for Muslims
• Allows practices like polygamy, triple talaq, nikah halala
• Challenged as discriminatory to women
• Recent judicial interventions in triple talaq, calls for reform
• Debates around constitutional rights, gender justice
• Political interest and stances on UCC

Historical Background

• Assam Muslim Marriage and Divorce Registration Act was enacted in 1935 during British rule
• Part of Muslim Personal Law (Shariat) Application Act, 1937 which aimed to govern personal matters for Muslims
• Applied specifically to Assam while other states had own laws or followed Shariat Act

Comparison with Other Religious Marriage Laws

• Hindu Marriage Act, 1955 codified marriage laws for Hindus
• Special Marriage Act, 1954 provides for civil marriage irrespective of religion
• Indian Christian Marriage Act, 1872 governs Christian marriages
• Parsi Marriage and Divorce Act, 1936 applies to Parsi Zoroastrians

Reactions from Muslim Community

• Concerns about lack of consultation with community leaders and organizations
• Fears of erosion of religious identity and practices
• Calls for modernization of personal law from within rather than external imposition
• Some progressive voices support reform for gender justice and equality

Implementation Challenges

• Lack of awareness and access to Special Marriage Act procedures, especially in rural areas
• Inadequate infrastructure and personnel for civil marriage registration
• Resistance from religious authorities and conservative sections
• Potential backlash and social ostracization for couples opting for civil marriage

Implications for Gender Justice

• Repealed Act allowed marriage registration for brides under 18, enabling child marriage
• Special Marriage Act sets minimum age at 18 for females and 21 for males
• Opportunity to address gender disparities and empower women’s rights
• Need for awareness, education and socio-economic upliftment to prevent underage marriages

Legal Challenges and Future Outlook

• High Court to hear petitions challenging constitutional validity of repeal
• Possibility of Supreme Court intervention if conflicting judgments arise
• Assam’s move may inspire similar actions in other BJP-ruled states
• Renewed debate on feasibility and desirability of UCC
• Balancing act required between gender justice, religious freedom and cultural diversity

The repeal of the Assam Muslim Marriage Act is a significant move with arguments on both sides. While the government cites tackling child marriage and standardizing laws as reasons, critics allege religious targeting and possible spike in unregistered marriages.