GUWAHATI: Assam cabinet has decided to repeal British-era Assam Muslim Marriage and Divorce Registration Act, ushering in a wave of changes aimed at modernising marriage regulations, including banning of child marriages, mandatory registration, and abolition of qazis – traditional marriage and divorce registrars.
CM Himanta Biswa Sarma hailed the move as a pivotal measure towards eradicating child marriages as the outdated legislation from 1935 “contained provisions allowing marriage registration even if the bride and groom had not reached the legal age of 18 and 21, as required by law”. Under Section 8 of the archaic law, marriage registration applications could be submitted by lawful guardians if either the bride, groom, or both were minors.
The repeal signals end of qazi’s role, with district commissioners and registrars assuming custody of registration records currently held by 94 qazis across Assam. Inspector general of registration will oversee future registrations. Cabinet has approved one-time compensation of Rs 2 lakh for rehabilitation of qazis.
The move stirred controversy, with AIUDF president and MP Badruddin Ajmal condemning it as a ploy to introduce a uniform civil code (UCC) in Assam and alleging religious polarisation to favour BJP-led govt. “We will definitely oppose the repeal, but after elections,” he said.
Ajmal urged qazis not to accept compensation from govt, framing the repeal as ‘discriminatory’. Congress MLA Abdul Rashid Mandal echoed similar sentiments, disputing characterisation of the Act as obsolete and arguing it remains primary mechanism for Muslim marriage & divorce registrations.
Opposition figures, including Assam United Opposition Forum general secretary Lurinjyoti Gogoi, accused govt of playing politics with Muslim marriage registration, urging consultation with community scholars.
Eminent Gauhati HC advocate AS Tapadar criticised the move as a veiled attempt to implement UCC, asserting that it infringes upon Muslim religious practices. “Govt could have amended the Act instead of deciding to repeal it. There is already an anti-child marriage law in the country,” he said.
Nullification of marriage certificates issued by qazis will require couples to reapply for registration under the new law to validate their passports, posing logistical challenges, said Tapadar.
CM Himanta Biswa Sarma hailed the move as a pivotal measure towards eradicating child marriages as the outdated legislation from 1935 “contained provisions allowing marriage registration even if the bride and groom had not reached the legal age of 18 and 21, as required by law”. Under Section 8 of the archaic law, marriage registration applications could be submitted by lawful guardians if either the bride, groom, or both were minors.
The repeal signals end of qazi’s role, with district commissioners and registrars assuming custody of registration records currently held by 94 qazis across Assam. Inspector general of registration will oversee future registrations. Cabinet has approved one-time compensation of Rs 2 lakh for rehabilitation of qazis.
The move stirred controversy, with AIUDF president and MP Badruddin Ajmal condemning it as a ploy to introduce a uniform civil code (UCC) in Assam and alleging religious polarisation to favour BJP-led govt. “We will definitely oppose the repeal, but after elections,” he said.
Ajmal urged qazis not to accept compensation from govt, framing the repeal as ‘discriminatory’. Congress MLA Abdul Rashid Mandal echoed similar sentiments, disputing characterisation of the Act as obsolete and arguing it remains primary mechanism for Muslim marriage & divorce registrations.
Opposition figures, including Assam United Opposition Forum general secretary Lurinjyoti Gogoi, accused govt of playing politics with Muslim marriage registration, urging consultation with community scholars.
Eminent Gauhati HC advocate AS Tapadar criticised the move as a veiled attempt to implement UCC, asserting that it infringes upon Muslim religious practices. “Govt could have amended the Act instead of deciding to repeal it. There is already an anti-child marriage law in the country,” he said.
Nullification of marriage certificates issued by qazis will require couples to reapply for registration under the new law to validate their passports, posing logistical challenges, said Tapadar.