The move is part of the state government's broader efforts to streamline the registration of marriages under a unified legal framework. Chief Minister Himanta Biswa Sarma emphasized the necessity of this change, stating that the government aims to eliminate the outdated Kazi system—a private body traditionally responsible for the registration of Muslim marriages—and integrate these processes into a government-administered system. This shift is intended to align with a Supreme Court directive that mandates the registration of all marriages, regardless of religious affiliation, under a uniform system.
Revenue and Disaster Management Minister Jogen Mohan, who introduced the bill, highlighted several issues with the 1935 Act. One of the main concerns was that the law allowed for the registration of marriages involving minors—males under 21 and females under 18—which contradicts both modern legal standards and the state's ongoing efforts to combat child marriage. Additionally, the Act's informal registration mechanisms and lack of mandatory provisions created significant loopholes, leading to non-compliance and potential misuse.
The decision to repeal the Act was not without controversy. Opposition parties have criticized the move, arguing that it discriminates against Muslims and could be seen as an attempt to polarize voters, particularly in an election year. Critics have also expressed concerns that this decision could marginalize the Muslim community by dismantling a system that was specifically tailored to their religious and social customs.
The repeal is part of a broader legislative push by the Assam government, which includes the introduction of a new bill—the Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024. This new bill aims to ensure that all marriages, including those within the Muslim community, are registered under the state government's authority, eliminating the need for parallel legal systems.
The Assam government has been taking a firm stance on issues related to marriage laws in the state. Last month, the state cabinet approved the Repealing Bill, citing the need to end practices that allow underage marriages under specific conditions. The administration has been actively working to eradicate child marriage, and this repeal is seen as a step towards achieving that goal.
As Assam moves towards a more unified marriage registration system, the implications for the state's Muslim community remain a point of debate. While the government asserts that these changes are necessary for legal consistency and the protection of minors, opposition voices continue to question the timing and intent behind the repeal. The full impact of this legislative change will likely unfold in the coming months as the new registration system is implemented across the state.