Is Assam one step closer to UCC as it repeals Muslim Marriages and Divorces Registration Act

Registration will provide an official documentation of marriages and divorces, which can be helpful for legal purposes such as inheritance, child custody, or obtaining benefits.

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Edited By: Sonia Dham
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ANI

In a step towards prohibiting child marriage in the state, Assam Cabinet on Friday repealed the 'Assam Muslim Marriages and Divorces Registration Act, 1935’. Himanta Biswa Sarma, the chief minister of Assam took his X handle to announce the same and said that this move marks another significant step towards prohibiting child marriages in Assam.

Notably, it is a major step towards the implementation of the next step towards Uniform Civil Code, said Assam cabinet minister Jayanta Mallabaruah while addressing media on Friday. Earlier this month, Uttarakhand became the first state to pass the Uniform Civil Code Bill.

The historic Assam Muslim Marriages and Divorces Registration Act that has been repealed by the state government, permitted marriage registration even in cases where the bride and groom had not attained the legally mandated ages of 18 and 21, respectively. This action is a major step closer to Assam's goal of outlawing child marriages.

Now, the registration will provide an official documentation of marriages and divorces, which can be helpful for legal purposes such as inheritance, child custody, or obtaining benefits.

According to the information, all the 94 Muslim registrars will now be discharged from their duties and would be given Rs 2 lakh each as a one-time compensation.

Here's a summary of the key points:

The repealed Act, established in 1935, allowed for the registration of Muslim marriages and divorces through separate procedures compared to other communities in Assam.

Reasons for Repeal: 

The government cited two main reasons:

Uniformity: This move is seen as a step towards implementing a Uniform Civil Code (UCC), which advocates for a single set of personal laws for all Indian citizens regardless of religion.

Child Marriage: The repealed Act had provisions that allowed marriage registration even if the bride or groom was underage, contradicting the legal minimum age for marriage in India.

How will it make impact?

The decision by the Assam Cabinet to repeal the Assam Muslim Marriages and Divorces Registration Act, 1935 has had a wide range of impacts, both positive and negative.

On the one hand, some people have argued that this is a positive step towards gender equality, as it will bring Muslim marriages under the same legal framework as Hindu marriages. This could help to ensure that Muslim women have the same rights as Hindu women in terms of divorce, inheritance, and other matters. Additionally, some people believe that this move will help to promote national integration, as it will remove a potential source of discrimination against Muslims.

On the other hand, others have argued that this is a violation of religious freedom, as it imposes a Hindu legal framework on Muslim marriages. They argue that this could lead to discrimination against Muslims and could undermine their religious beliefs. Additionally, some people believe that this move could exacerbate religious tensions in Assam, which already has a history of communal violence.

However, it is too early to say what the long-term impacts of this decision will be. However, it is clear that it has had a significant impact on both the legal and social landscape of Assam.