Assam’s repeal of Muslim marriage act will not curb child marriage – but could pressure Muslims

The Assam government on Friday repealed the Assam Muslim Marriages and Divorces Registration Act, 1935. Its stated aim for this move was to curb child marriages among Muslims in the state.

However, legal experts that Scroll spoke to refuted the government’s rationale. Child marriage is already outlawed under a central law called the Prohibition of Child Marriage Act, 2006. According to them, the repeal would lead to confusion since Muslim marriages would now be registered by officers appointed under the Special Marriage Act who may not be well-versed with Muslim personal law practices.

While the Assam government has also stated that this was the first step on the road to a uniform civil code in the state, for now, Muslim marriages will still be governed by Muslim personal law.

Child marriage curb?

According to Assam Chief Minister Himanta Biswa Sarma, the state cabinet repealed the 1935 act to prevent child marriages among Muslims in the state.

On 23.22024, the Assam cabinet made a significant decision to repeal the age-old Assam Muslim Marriages & Divorces Registration Act. This act contained provisions allowing marriage registration even if the bride and groom had not reached the legal ages of 18 and 21, as required…— Himanta Biswa Sarma (@himantabiswa) February 23, 2024

Since last year, Sarma’s government has launched a state-wide drive...

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