In a decisive move, the Assam cabinet, led by Chief Minister Himanta Biswa Sarma, resolved on Friday to annul an archaic 89-year-old statute governing the registration of marriages and divorces among Muslims residing in the state.
Tourism Minister Jayanta Malla Baruah, the bearer of this significant announcement, highlighted the state’s commitment to implementing a uniform civil code. Baruah conveyed, “Today, we have marked a pivotal moment in this trajectory by choosing to revoke the Assam Moslem Marriage and Divorce Registration Act of 1935.”
The aforementioned Act facilitated the voluntary registration of Muslim marriages and divorces. It granted the government the authority to issue licenses to Muslim individuals, empowering them to register such events upon application.
Baruah clarified, “With this development, the registration of Muslim marriages and divorces under this legislation will no longer be viable in Assam. Our preference is for all marriages to be registered under the provisions of the existing Special Marriage Act.”
Currently, Assam boasts 94 authorized individuals capable of registering Muslim marriages and divorces. However, following the cabinet’s decision, their authority will be nullified upon the issuance of directives by district authorities.
Baruah further revealed, “Acknowledging that these individuals were reliant on livelihood from registering marriages and divorces, the state cabinet has opted to provide them a one-time compensation of ₹2 lakhs each.”
The rationale behind this decision goes beyond the pursuit of a uniform civil code. The cabinet expressed the necessity to repeal an outdated legislation dating back to British rule, which no longer aligns with contemporary societal norms.
Baruah emphasized, “It came to our attention that this existing legislation was being exploited to register marriages involving individuals below the permissible age. We believe today’s action will serve as a significant deterrent against such instances of child marriages.”
On February 12, CM Sarma divulged the government’s intentions to introduce robust legislation prohibiting polygamy and implementing a uniform civil code (UCC) within the state.
“We have been closely monitoring legislation to ban polygamy, and considering Uttarakhand’s success in passing the UCC Bill, we are actively working to harmonize both aspects into a comprehensive legislative framework,” Sarma explained.
He highlighted the formation of an expert committee tasked with navigating the alignment of polygamy prohibition and UCC within the same legislative framework.
While the government initially planned to present a Bill banning polygamy during the ongoing budget session of the assembly, this eventuality is yet to materialize.