ASSAM’S MUSLIM MARRIAGE BILL 2024 (Syllabus: GS Paper 1 – Social Issues/Marriage)

Context: The Assam Legislative Assembly passed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, a proposed law with the stated objectives of preventing “child marriages” and “marriages without the consent of the parties”, and to “check polygamy”.

Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024

• About: The Bill regulates marriage between two Muslim persons which “includes ‘nikah’ or any other ceremony by which two persons are made husband and wife following Muslim personal law and Islamic rituals”.

Features of Bill:

• Role of Registering Officer: There is no involvement of kazis in marriage registration. Instead, the Marriage and Divorce Registrar (Sub-Registrar) in the jurisdiction will handle the registration.
• Conditions for Marriage Registration: Seven conditions must be met for registration, including the age requirements (woman 18, man 21), free consent from both parties, residency requirement, and adherence to Muslim law regarding prohibited degrees of relationship.
• Notice Requirement: Parties must give at least 30 days’ notice to the registering officer, accompanied by documents verifying identity, age, and residence, similar to the Special Marriage Act.
• Objections and Appeals: Objections to the marriage can be raised within the 30-day notice period. 

o If objections are upheld, the Registrar's decision can be appealed first to the District Registrar and then to the Registrar General of Marriages.

• Penalties for Non-Compliance: Officers who knowingly and willfully register a marriage violating any conditions face imprisonment for up to a year and a fine of up to Rs 50,000.

Previous Law

• About: The registration of marriages and divorces between Muslims in Assam had been taking place under the colonial-era Assam Muslim Marriage and Divorce Registration Act, 1935.
• This Act was in line with Muslim personal law, and authorised the state to grant a licence to “any person, being a Muslim” to register such marriages and divorces. There were 95 such Muslim registrars or kazis across the state, and they were deemed to be public servants.