Assam Assembly passes law on registration of Muslim marriages, divorces; CM says next ban on polygamy

The Assam Assembly on Thursday passed a significant bill called the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024. This bill, proposed by Chief Minister Himanta Biswa Sarma, focuses on mandating the registration of Muslim marriages and divorces in the state. CM Sarma emphasized that the primary goal of this legislation is to enhance the overall well-being and quality of life, especially for young girls in the state.

The Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024 was introduced by Revenue and Disaster Management Minister Jogen Mohan on Tuesday. With the enactment of this new law in Assam, child marriage registrations will be completely banned.

The BJP-led government in Assam has been advocating for a significant shift in marriage registration procedures. This action is motivated by the objective to eradicate child marriages and to integrate Muslim marriages and divorces within the government's registration framework.

Earlier, CM Sarma emphasized that the primary goal is to eliminate child marriages and move beyond the existing "qazi" system, in which clerics officiate Muslim marital unions. The government aims to streamline the registration process by centralizing it within its own administrative structure.

After introducing the bill, CM Sarma said it is a “historic day” and assured that his government’s next target would be to ban polygamy. 

taking to X, CM Sarma said: on X, the CM said: “This Act will now make it mandatory to register marriages with the Govt and cannot contravene the legal age of marriage of 18 years for girls and 21 years for boys. It will also act as a strict deterrent against teenage pregnancy and improve overall growth of our girls.”

He added: “I thank all the legislators who pledged their support to this Bill and Govt’s vision of preventing child marriage. This Bill is above party politics and is a means to give our girls a life of dignity.”

Highlights

According to the recent regulation, it is now obligatory for all Muslim marriages and divorces to be officially registered with the government. The legislation further specifies that marriages involving individuals below the legal marriageable age (18 years for women and 21 years for men) will not be officially registered and will be deemed invalid.

The bill proposed has been designed to address important issues such as preventing teenage pregnancy, child marriage, marriages without the consent of both parties, and husbands deserting their wives after marriage. 

Additionally, the bill aims to tackle polygamy, empower married women to assert their rights in their matrimonial homes and claim maintenance, as well as enable widows to access their inheritance rights and other entitled benefits following the demise of their spouse.

The Opposition parties have criticised the new bill, branding it as discriminatory against Muslims and an effort to divide voters along religious lines. However, the government asserts that the primary objective of the legislation is to eradicate the negative impact of child marriage on society and establish a more uniform and regulated framework for marriage and divorce registration.