The Indian state of Assam, known for its significant Muslim population, has stirred controversy by repealing a British-era law governing Muslim marriage and divorce. The move has sparked anger among minority communities, with leaders accusing the government of attempting to polarize voters along religious lines ahead of the national election.
Assam’s Chief Minister, Himanta Biswa Sarma, announced the repeal of the Assam Muslim Marriages and Divorces Registration Act, which was enacted nearly nine decades ago. The legislation, dating back to 1935, regulated marriage and divorce procedures according to Muslim personal law. A 2010 amendment made registration of Muslim marriages and divorces compulsory in the state, whereas it was previously voluntary.
In a statement on Saturday, Sarma highlighted the outdated nature of the law, particularly its provisions allowing marriage registration for individuals below the legal ages of 18 and 21. He emphasized that repealing the law was a significant step towards combatting child marriages in Assam.
The state, governed by Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP), has intensified efforts to curb child marriages, with thousands of arrests made under the Protection of Children from Sexual Offences (POCSO) Act. However, leaders of the Muslim community allege that the crackdown disproportionately targets them.
Assam, with a substantial Muslim population constituting 34 percent of its inhabitants, has expressed intentions to implement uniform civil laws for marriage, divorce, adoption, and inheritance. This move aligns with the BJP’s broader promise of a Uniform Civil Code, aiming to standardize laws across religious groups.
While Assam aims to adopt a similar law as the northern state of Uttarakhand, Chief Minister Sarma clarified that immediate efforts to implement a unified code before the upcoming general election, scheduled for May, are not underway.
Opposition leaders, particularly those representing Muslim interests, have condemned the repeal of the Muslim marriage and divorce law, accusing the BJP of using it as an election tactic. Badruddin Ajmal, a legislator and head of the All India United Democratic Front, criticized the move as an attempt to polarize voters, predicting backlash against the BJP in Assam.
The repeal has drawn criticism from various quarters, with opposition parties denouncing it as discriminatory and accusing the government of depriving Muslims of their rights. Abdur Rashid Mandal of the Indian National Congress party dismissed claims that the law permitted child marriage, asserting its importance as the primary mechanism for registering Muslim marriages in the state.