Assam repeals Muslim Marriage Act: Step for ICC | UPSC Mains Current Affairs

Why in News

The Assam Cabinet decided to repeal the Assam Muslim Marriage and Divorce Registration Act, 1935, which allowed marriage registration even if the bride and groom were underage. This move is seen as a key step in prohibiting child marriages in the state.

About Assam repeals Muslim Marriage Act: Step for ICC

• Chief Minister Himanta Biswa Sarma linked the decision to child marriage and stated that repealing the Act will help in eradicating the practice.
• The Act authorized Muslim registrars to register marriages and divorces, but now all marriages will have to be registered under the 

Special Marriage Act.

• The decision is part of the state government's crackdown against child marriage, with over 4,000 people already arrested.
• The Act was considered outdated and not in line with today's society, leading to its repeal.
• The state government is also working on a Bill to ban polygamy, making it a criminal offense, as part of the move towards a UCC.
• The tribal communities in Assam will be exempt from the UCC, as stated by Chief Minister Sarma.

Challenges:

• Resistance from certain sections of the Muslim community who may view the repeal as an infringement on their personal laws and religious practices.
• Ensuring smooth transition from the repealed Act to the Special Marriage Act without causing confusion or disruption in marriage registrations.
• Addressing any legal challenges or backlash that may arise from the repeal of the Muslim Marriage Act.
• Overcoming potential social backlash or protests from groups who may oppose the move towards a Uniform Civil Code.
• Ensuring that the rights and interests of Muslim women are protected and upheld in the absence of the repealed Act.
• Dealing with potential political opposition or criticism from parties who may use the issue for their own agendas.
• Implementing awareness campaigns to educate the public about the reasons behind the repeal and the benefits of a Uniform Civil Code.
• Addressing any concerns or fears within the Muslim community regarding the implications of the repeal on their personal laws and traditions.

Merits:

• The repeal of the Muslim Marriage Act is a key step in combating child marriages in Assam, as it previously allowed marriages to be registered even if the bride and groom were underage.
• The move towards a Uniform Civil Code in the state will promote equality and uniformity in personal laws, regardless of religion.
• Repealing the Act will help in eradicating the practice of underage marriages and ensuring that marriages are conducted in accordance with legal age requirements.
• The decision reflects a commitment to upholding the rights of women and children, particularly in the context of preventing child marriages.
• The repeal of the Act aligns with the state government's efforts to modernize and reform personal laws to better suit the needs of a contemporary society.
• The move is a significant step towards promoting gender equality and protecting the rights of individuals, irrespective of their religious background.
• The decision to repeal the Act demonstrates the government's commitment to social reform and addressing harmful practices within society.
• The repeal of the Act paves the way for a more inclusive and progressive legal framework that is in line with the principles of a democratic society.

Way Forwards:

• Ensuring effective implementation of the repeal by providing necessary support and guidance to the District Commissioners and registrars affected by the decision.
• Conducting awareness campaigns and outreach programs to educate the public, especially the Muslim community, about the implications and benefits of the repeal.
• Working towards the introduction of a Uniform Civil Code in Assam that is inclusive and respects the diversity of the state's population.
• Addressing any concerns or grievances raised by stakeholders, particularly those from the Muslim community, through dialogue and consultation.
• Monitoring the impact of the repeal on the prevalence of child marriages and taking necessary steps to prevent such practices in the future.
• Collaborating with civil society organizations and community leaders to promote understanding and acceptance of the decision to repeal the Act.