Detailed Notes
The law replaced the Assam Moslem Marriages and Divorces Registration Act, 1935, an outdated British-era legislation that had allowed child marriages and relied heavily on the Qazi system for registration. The new law introduced a more structured and legally transparent framework to protect women, prevent child marriage, and limit practices such as polygamy.
Under the new legislation, all Muslim marriages and divorces in Assam had to be registered officially with government sub-registrars instead of Qazis. This shift placed the process under state supervision, ensuring that legal standards regarding age, consent, and documentation were met before any registration was approved. By the time the bill was passed, the government intended to bring Muslim marriages under the same administrative transparency observed in other communities.
One of the primary aims of the legislation had been to combat child marriage. Since the previous 1935 Act did not restrict the registration of underage marriages, many child marriages continued to be documented legally. The new law addressed this gap by mandating that the bride had to be at least 18 years old and the groom at least 21. If either party failed to meet the required age or if free consent could not be established, the marriage could not be registered. This provision strengthened the government's broader campaign to eliminate child marriage in the state.
The legislation also intended to curb polygamy. Since the law required government registration and only one marriage could be recorded in official documents, the aim was to discourage men from entering multiple marriages without accountability. The legal documentation offered women greater clarity regarding their marital status and protected them in cases involving maintenance, inheritance disputes, and their right to housing.
The Bill also marked the end of the Qazi-based registration system, though marriages previously registered by Qazis remained legally valid. Under the new procedure, couples had to submit a marriage notice to the local sub-registrar along with age and identity proofs. A 30-day notice period was initiated, allowing time for objections. If objections were raised, the sub-registrar had to investigate before granting approval. Providing false information or attempting fraudulent registration could lead to prosecution, while sub-registrars who failed to carry out their duties faced penalties as well.
The law also introduced new transparency standards. For example, every approved registration had to be entered in official government records, making it easier for women to prove their marital status in legal disputes. The process offered a standardized legal framework that aligned with modern administrative systems while still respecting Islamic marriage rituals, which continued to remain intact.
The Bill was passed by the Assam Assembly on August 28, 2024, after extensive debate. The government argued that the law had been introduced to protect vulnerable women, reduce forced or non-consensual marriages, and modernize the marital registration system. Critics, however, argued that the procedure appeared complicated or bureaucratic, though the government maintained that it was necessary to prevent misuse and ensure accountability.
Overall, Mandatory Muslim Marriage Registration in Assam played an important role in strengthening women's rights, reducing child marriage, aligning community marriage registration with contemporary laws, and creating a transparent, government-supervised system for marriage documentation.