I. Introduction
The Assam Revenue and Disaster Management Minister Jogen Mohan tabled the Assam Repealing Bill, 2024 in the State Assembly. It was introduced to replace the Assam Repealing Ordinance, 2024; and repeal the pre-Independence era Assam Moslem Marriages and Divorces Registration Act, 1935 and the Assam Moslem Marriages and Divorces Registration Rules, 1935.
The Bill provides the Act’s obsoleteness as the rationale behind its repeal. Even though the Act was adopted by the British Government for the regulation of religious and social arrangements of the pre-independence era, it had several significant loopholes such as it facilitates unregistered marriages and marriages between minors. Moreover, there exists a scope of exploitation of the provisions by citizens and Muslim marriage registrars for marriages arranged forcefully without the consent of the parties.
In this blog, the authors delve into the Assam Repealing Bill, 2024 and analyse its social and legal implications for the Muslim community in the state. Through judicial analysis, the blog highlights the loopholes present in the Assam Moslem Marriages and Divorces Registration Act, 1935 and the Assam Moslem Marriages and Divorces Registration Rules, 1935, such as unregistered marriages, child marriages and abuse of their positions by the religious authority. The authors addressed the legal and social considerations which the Bill will have on the Muslim community in Assam, highlighting the need for an inclusive approach that respects their cultural and religious practises along with abiding by the legal provisions.
II. Overview of the Assam Moslem Marriages and Divorces Registration Act, 1935
The Assam Muslim Marriages and Divorces Registration Act of 1935 was enacted 98 years ago, with the aim to establish the formal registration of marriages and divorces of the Muslim community in Assam. However, the registration of the marriages remained voluntary. Unregistered marriages and divorces lead to complexities in resolving numerous disputes between parties regarding child marriage, polygamy, maintenance, and custody of children.
Sections 3 and 4 of the Act, give authority to the Assam government to appoint Muslim Registrars to record and register Muslim marriages and divorces. Moreover, the only qualification mentioned in the Act to be a registrar is that the person should be a Muslim. The Act bestows multitudinous powers to the Registrars in regards to the registration of marriages and divorces, emoluments from the parties to marriage and divorce, and examination of the parties and witnesses. Section 8 of the Act further expedited marriages of underage children by legitimising them. The absence of sufficient authority for scrutinising their actions has resulted in many further inconsistencies regarding their accountability. Thus, the lack of efficient implementation and comprehensive protections has highlighted the need for some major amendments to the Act.
Furthermore, though the Assam government has made efforts to maintain transparency, the physical documentation has hindered its effectiveness. The Assam government’s recent decision to repeal the Assam Muslim Marriages and Divorces Registration Act of 1935 and the Assam Muslim Marriages and Divorces Registration Rules of 1935 can be traced in response to these evident challenges.
III. Analysis of the Assam Repealing Bill, 2024
The Assam Repealing Bill, 2024 seeks to introduce a significant overhaul in the provisions and procedures of registration of Muslim marriages and divorces. It attempts to prohibit voluntary registration of marriages and divorces under the Assam Moslem Marriages and Divorces Registration Act, 1935 as this renders the registration machinery inefficient and informal.
The Supreme Court in the case of Shayara Bano v Union of India addressed the need for reforms in Muslim personal laws to ensure their adherence to the constitutional principles. In the case of Supriya Chakraborty vs Union of India, the Supreme Court emphasized the need for reforms in the Assam Muslim Marriages and Divorces Registration Act, 1935 as it does not conform to the constitutional principles of equality as enshrined in Articles 14 and 15 of the Indian Constitution. Moreover, the necessity for compulsory registration of marriages and divorces was also emphasized by the court in the case of Seema v Ashwani Kumar.
The intention of mandatory registration of marriages introduced by the Bill warrants increased security to the parties to the marriage in regard to property, maintenance, custody of children, child marriages, and polygamy. Legal recognition and documentation of marriages equip the parties with means to access and safeguard their legal and constitutional rights.
The Bill aims to limit the incidences of child marriages which the Assam Moslem Marriages and Divorces Registration Act, 1935 facilitates under Section 8 by recognising and legitimising the marriages of underage children. There also exists scope for non-compliance and misuse of the existing norms by the citizens and the Muslim Marriage Registrars for child marriages and marriages that are forcefully arranged without the consent of the parties. In the case of Lajja Devi v State NCT of Delhi, it was recognized that mandatory registration of marriages would impede child marriages as the illegality of such marriages would be revealed through the written record of the ages of the underage children. A long overdue repeal of this Act would obliterate the unconstitutional provisions related to Muslim marriages and divorces in Assam.
Thus, the Bill is a turning point in making provisions and regulations regarding the registration of Muslim marriages and divorces more efficient and abiding by the constitutional provisions of equality and non-discrimination.
IV. Child Marriages and the Assam Moslem Marriages Act: Analysing the Legal and Social Impact in Muslim-Majority Areas
After the analysis of the data available from the Census of 2011 and the National Family Health Survey (NFHS-4), the authors argued that there exists a significant disparity in the number of child marriages in the districts of Assam where there is a Muslim majority in comparison to the other districts. The results show that the Muslim Majority Districts in Assam have an average 40.77% rate of child marriages, a much higher percentage than the other districts.
In comparison, the average percentage is significantly lower i.e. 28.07%, in the other districts. It is worth noting that districts like Morigaon and Dhubri in the Muslim-majority category have reported extremely high rates of around 50%, which suggests the presence of widespread societal and cultural factors, along with the potential deficiencies in the enforcement of the marriage-related laws in these regions.
The following data has been analysed from the Census of 2011 and National Family Health Survey (NFHS-4) regarding the rate of child marriage cases in different districts of Assam:
| District | Child Marriage Rates in Muslim Majority Districts of Assam |
| Nagaon | 42.5% |
| Morigaon | 49% |
| Dhubri | 48.3% |
| Barpeta | 46% |
| Karimganj | 29.5% |
| Goalpara | 40.9% |
| Morigaon | 49% |
| Darrang | 37.9% |
| Bongaigaon | 42.6% |
| Hailakandi | 22% |
| Average Rate of Child Marriages in Muslim Majority Districts | 40.77% |
Table 1: Child Marriage Rates in Muslim Majority Districts of Assam
| District | Child Marriage Rates in Other Districts of Assam |
| Sonitpur | 25.8% |
| Cachar | 18.5% |
| Kamrup | 32.4% |
| Tinsukia | 25.6% |
| Dibrugarh | 26.7% |
| Kamrup Metropolitan | 22.2% |
| Sivasagar | 29.6% |
| Jorhat | 21.9% |
| Golaghat | 27.2% |
| Lakhimpur | 27% |
| Karbi Anglong | 29.9% |
| Baksa | 29.3% |
| Kokrajhar | 41% |
| Udalguri | 30.4% |
| Nalbari | 26.4% |
| Dhemaji | 36.7% |
| Chirang | 34% |
| Dima Hasao | 20.8% |
| Average Rate of Child Marriages in Other Districts | 28.07% |
Table 2: Child Marriage Rates in Other Districts of Assam
Taking into consideration the data available above, which shows that the cases of child marriages are relatively more in Muslim-majority districts in comparison to others, it becomes evident that there have been instances of non-implementation of the effective provisions of the Act in Assam. Thus, the Assam Repealing Bill, of 2024 can act as a significant step to prevent child marriages, enable women to exercise their right to maintenance, prevent polygamy, and enable widowed women to claim their right to inheritance.
V. Comparative Analysis of Muslim Marriage and Divorce Registration Laws in Other Indian States
A. Uttar Pradesh
After getting approval from the Uttar Pradesh Cabinet in 2017, the Uttar Pradesh Marriage Registration Rules, 2017 were enforced in the state by the Women Welfare Department. These rules mandate compulsory registration of all marriages in the state. They derive their impetus from the aim of preventing child marriages, enabling widows to claim inheritance, helping women exercise their rights to maintenance, controlling bigamy or polygamy, and deterring husbands from deserting their wives.
The Uttar Pradesh Government has streamlined the process for couples to apply for marriage registration online using just their Aadhaar cards. The child marriage rates have decreased from 21.2% in 2016 to 18.8% and 18.4% by 2019, in men and women respectively. Thus, the Act mandating compulsory registration of marriages, along with other factors have resulted in negative trend in the incidence of child marriages in the state of Uttar Pradesh.
B. West Bengal
The registration of Muslim marriages and divorces is governed by the British-era Bengal Muhammadan Marriages and Divorces Registration Act, of 1876. The Act provides for voluntary registration of marriages and divorces among Muslims. Moreover, Section 8 of the Act facilitates the registration of marriages of minors. The child marriage rates in the state have increased from 37.2% in 2001 to 40.7% in 2015. To some extent, the lack of improvement in the instances of child marriages, polygamy, and inefficient maintenance provided to women after marriage could be ascribed to the outdated law.
A comparative analysis of Uttar Pradesh and West Bengal in terms of Muslim Marriage and Divorce Registration Laws indicates that the implementation of mandatory registration of marriages was conducive to the decline in child marriages in the state. In comparison, an increase in child marriages was witnessed in West Bengal, which is operating under an outdated legal framework. This demonstrates a correlation between the enforcement of compulsory registration of marriages and the reduction of child marriages.
VI. Conclusion and Suggestions
The decision of the Assam government to repeal the Assam Muslim Marriage and Divorce Registration Act, 1935 and the Assam Muslim Marriage and Divorce Registration Rules, 1935 marks a significant and positive change in the legal policy. The decision of the government can be traced to the various steps taken by the central and state governments to create a uniform legal framework, aimed to address the inefficiencies prevalent in personal laws across different communities. The comparative analysis of similar initiatives in other states further highlights that the implementation of these laws can effectively reduce the child marriage rates in the state. Thus, this repeal signifies a crucial step towards uniformity in laws. Through an inclusive approach, the Act’s implementation will ensure justice and uphold the fundamental rights of individuals, especially women and children.
This article is a part of the DNLU-SLJ (Online) series, for submissions click here.
Students at Rajiv Gandhi National University of Law, Punjab
