What Changes After Assam Scraps Muslim Marriage Registration Law

The Assam government has decided to repeal the personal law governing marriages and divorces among Muslims in a big push towards a Uniform Civil Code (ICC).

UCC refers to a common set of laws applicable to all Indian citizens and is not based on religion in dealing with personal matters like marriage, divorce, inheritance, and adoption.

With Uttarakhand becoming the first state to pass a UCC law earlier this month, Assam has been hinting at bringing a similar law. There’s a buzz that the Himanta Biswa Sarma government may introduce a UCC bill during the Budget session that ends February 28.

In a first step towards this, Assam Minister Jayanta Malla Baruah said on Friday the cabinet has decided to repeal the Muslim Marriage and Divorce Registration Act. The government now wants to bring all such matters under the Special Marriage Act, said Mr Baruah.

Here’s what will change after the law is repealed:

Formalise Registration

The current law allows voluntary registration of marriages and divorces among Muslims. It is not mandatory under the law to register such instances. The registration machinery too is informal which provides for a scope for non-compliance with extant norms, said Mr Sarma.

No More Muslim Registrars

Muslim registrars holding licenses to register marriages and divorces in the community won’t be able to register marriages and divorces once the law is repealed. Mr Baruah has said 94 Muslim registrars, who have been registering marriages under the law, will be given a one-time compensation of Rs 2 lakh.

Custody of Registration Records

After the law is scrapped, the district commissioners and district registrars will have the “custody of registration records”, according to Mr Sarma. The registrations will be done under the supervision and control of the Assam Inspector General of Registration. Currently, the 94 Muslim Marriage Registrars hold the authority to be the custodians of such records.

Prevent Child Marriages

The current law allows marriages to be registered even if the bride and the groom have not reached the legal age of 18 and 21. The scrapping of the law will mark a significant step towards stopping child marriages in Assam, said Mr Sarma.