The Assam cabinet gave its approval Wednesday to a proposed law that aims to make it mandatory for Muslims to register marriages and divorces with the government. This legislation, once implemented, will terminate the role of “qazis” who register Muslim marriages and divorces.
The Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024, will be tabled in the legislative assembly during the autumn session, beginning Thursday.
“Today the Assam Cabinet has approved the Muslim Marriage Registration Bill 2024. It has two special provisions: Now the registration of Muslim marriages will be done by the government and not by the Qazi” and “registration of child marriage shall be deemed illegal,” CM Himanta Biswa Sarma posted on X.
District commissioners and registrars will be authorised to take custody of registration records currently in the custody of 94 qazis, who were legalised by a British-era law from 1935.
“Marriages of minors were also registered by the qazis. Now, child marriage registration will not happen at all. We want to end the menace of child marriage,” the CM said. He also clarified that the new law “does not provide for any changes in the Islamic marriage system”. “Only change will be the registration part. Marriages and divorces will be registered at the sub-register’s office,” he said.
Earlier in July, the cabinet had approved a bill for repealing the Assam Muslim Marriages and Divorces Registration Act, 1935, to pave way for the proposed compulsory registration law.
A government official said the 1935 law was obsolete because it didn’t make registration of marriages and divorces mandatory and the machinery of registration was informal, leaving scope for non-compliance. “As per provisions of this old act, there remains a scope for registering marriages of males below 21 years and females below 18 years, encouraging child marriages and there is hardly any monitoring for implementation of the law,” the official said.
An India Child Protection report released in July commended Assam government’s efforts to combat child marriages. The report highlighted that Assam’s approach through legal action has reduced instances of child marriages, showing an 81% decrease in such cases across 20 districts in the state between 2021-22 and 2023-24.
The Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024, will be tabled in the legislative assembly during the autumn session, beginning Thursday.
“Today the Assam Cabinet has approved the Muslim Marriage Registration Bill 2024. It has two special provisions: Now the registration of Muslim marriages will be done by the government and not by the Qazi” and “registration of child marriage shall be deemed illegal,” CM Himanta Biswa Sarma posted on X.
District commissioners and registrars will be authorised to take custody of registration records currently in the custody of 94 qazis, who were legalised by a British-era law from 1935.
“Marriages of minors were also registered by the qazis. Now, child marriage registration will not happen at all. We want to end the menace of child marriage,” the CM said. He also clarified that the new law “does not provide for any changes in the Islamic marriage system”. “Only change will be the registration part. Marriages and divorces will be registered at the sub-register’s office,” he said.
Earlier in July, the cabinet had approved a bill for repealing the Assam Muslim Marriages and Divorces Registration Act, 1935, to pave way for the proposed compulsory registration law.
A government official said the 1935 law was obsolete because it didn’t make registration of marriages and divorces mandatory and the machinery of registration was informal, leaving scope for non-compliance. “As per provisions of this old act, there remains a scope for registering marriages of males below 21 years and females below 18 years, encouraging child marriages and there is hardly any monitoring for implementation of the law,” the official said.
An India Child Protection report released in July commended Assam government’s efforts to combat child marriages. The report highlighted that Assam’s approach through legal action has reduced instances of child marriages, showing an 81% decrease in such cases across 20 districts in the state between 2021-22 and 2023-24.