On August 28, 2024, the Assam government passed a new law mandating the compulsory registration of Muslim marriages and divorces in the Assam Assembly. Through this newly passed bill, namely the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, new rules have been introduced by the state government to govern the marriage and divorce of Muslim couples. Along with passing the said bill, the Assam Legislative Assembly passed The Assam Repealing Bill, 2024, which repealed the Assam (Muslim) Marriages and Divorces Registration Act, 1935 that had previously governed the registration of Muslim marriages and divorces.
To list a few major changes, all of which will be discussed below, the new legislation makes it mandatory for Muslim couples to register their (Muslim) marriages and divorces. It makes it necessary for the couple to follow the procedure prescribed in the legislation for the registration of their marriage, which includes serving a marriage notice to the Marriage and Divorce Registrar either before or after the wedding to provide the scope for hearing out objections, if any. The application for registration must be submitted within 30 days of the marriage ceremony, and the certificate can only be issued once the registrar is satisfied that no valid objections exist. The 2024 Bill prevents the marriage registrar from solemnising a marriage until any objections have been thoroughly investigated.
Another change that has been introduced through the new bill is that a minimum legal age for marriage has been set at 18 years for the bride 18 or 21 years for the groom. Any registration of marriage has been explicitly prohibited if this condition has not been met.
The introduction and passing of the said 2024 bill has raised many questions, with the first being that the question of “Muslim personal law being attacked”. Chief Minister Himanta Biswa Sarma defended the new law, emphasising its intent to improve the lives of young girls and prevent child marriages. The stance maintained by the government is that the said bill, which has been introduced by Revenue and Disaster Management Minister Jogen Mohan, is aimed to fully eliminate the registration of child marriages. Other reasons provided behind bringing the new law was to ensuring marriages are consensual, and to curb polygamy. The bill also seeks to end the role of Kazis in the registration process of Muslim marriages, which CM Sarma had argued complicates the procedure unnecessarily.
Brief background on the erstwhile Assam (Muslim) Marriages and Divorces Registration Act, 1935:
On August 28 itself, while introducing the new legislation, the Assam Assembly has simultaneously repealed the 89-year-old Assam Muslim Marriage and Divorce Registration Act, 1935, which had governed the registration of Muslim marriages and divorces until then. The old law, rooted in Muslim personal law, allowed the state to license individuals, referred to as Kazis, to register Muslim marriages and divorces. There were 95 such Kazis across Assam, considered public servants.
The decision to repeal the 1935 Act had been passed by the Assam State Cabinet in February 2024. In March 2024, the government first issued an Ordinance, nullifying the existing law. Since then, there has been no specific legislation governing Muslim marriage and divorce registration in the state. It is important to note that while the 1935 Act had originally made marriage registration voluntary, a 2010 amendment, Section 2A, made registration mandatory even in the earlier law.
The current, BJP-dominated state government has criticised certain provisions of the old law, particularly those parts which did not specify a minimum legal age for marriage and instead allowed for the guardians of minors to submit applications on their behalf. In the old law, Section 8 had allowed guardians to apply for marriage registration on behalf of minors, and Section 10 had contained similar provisions in the context of entering marriages into the register.
The old law also authorised the state to license only two individuals—one Shia and one Sunni—to perform the role of Muslim marriage registrars, as outlined in Section 3. These registrars were provided seals and certificate books by the state.
Notably, the 1935 Act had also contained a ‘saving’ clause under Section 24, which ensured that a Muslim marriage or divorce would not be invalidated if it was not registered. Furthermore, registration itself did not automatically validate a marriage or divorce. In contrast, the new bill outlines a more detailed process for both solemnisation and registration of marriages, including inviting objections. However, unlike the repealed law, it does not contain a saving clause or clarify the consequences of failing to register a marriage.
A Supreme Court lawyer, who was one of the counsels in the triple talaq case, told ThePrint that absence of a saving clause or ambiguity in the bill on the status of a non-registered Muslim marriage shows that the law is not mandatory. However, in the backdrop of this new law, the state can, through other executive orders, ensure registration becomes compulsory.
“The state can issue directions to its agencies, asking them to only accept marriage registration certificates issued by the Marriage and Divorce registrar for issuance of a ration card or providing benefits under official welfare schemes,” the lawyer explained, as per the report.
Debate in the Assam Assembly during the passing of the bill:
Chief Minister Sarma described the decision as a significant step toward eradicating child marriages, noting that the 1935 Act allowed for the registration of marriages involving minors. Under Muslim personal law, puberty is presumed at 15 years old, and the Act included provisions enabling guardians to register marriages on behalf of minors.
A day prior to the passing of the bill, debates took place in the Assam Assembly with regards to the repealing of the previous 1935 and the new 2024 Bill. Aminul Islam, MLA from the opposition AIUDF (All India United Democratic Front) representing Mankachar, questioned the necessity of repealing the 1935 Act, suggesting that its objectives—such as preventing child marriages—could have been achieved through amendments to Sections 8 and Section 10 of the old law. Islam highlighted that the 1935 Act, initially voluntary, had already been amended in the year 2010 to make marriage registration compulsory.
In response, Chief Minister Sarma argued that amendments alone would not have sufficed, as the government also sought to end the role of Kazis in the marriage registration process. Sarma referenced last year’s crackdown on child marriages, in which over 4,000 people were arrested, including men who had married underage girls and the Kazis or religious figures who had solemnised these marriages. (Detailed report on the same may be read here.)
Sarma explained that during these cases, Kazis defended their actions in court, claiming the legal authority to register child marriages under the Muslim Marriage and Divorce Registration Act. As a result, some were granted bail by the High Court. (Detailed report on the same can be read here.)
“…We found that the Kazis register child marriages… When the cases came up in the High Court, they said that they have the power to register child marriages…and…the High Court gave them bail because Kazis have the power to register child marriages under the Muslim Marriage and Divorce Registration Act… It means that they (Kazis) are not opposed to child marriage in principle,” the chief minister said.
According to Sarma, the above stance taken by the Kazis demonstrated that they were not fundamentally opposed to child marriage. He asserted that having government officers handle marriage registration would ensure greater accountability, as per a report of Indian Express.
Sarma also cited the Supreme Court’s 2006 ruling in Seema vs. Ashwani Kumar, which directed the union and state governments to ensure compulsory marriage registration. He emphasised that the state could not rely on Kazis—whom he referred to as “private entities” during the debate—for this responsibility.
Advocate Nekibur Zaman, a member of a state-appointed committee on banning polygamy, added that many Kazis misused their power, allowing underage marriages and improper divorces, reinforcing the need to repeal the law.
Islam further argued that the simpler registration process under the older law had now been replaced by a more complicated one, drawn from the Special Marriage Act, which typically governs inter-religious marriages. He expressed concern that making the registration of marriages between two Muslims so complex could have a negative impact on “lakhs of people.”
It is essential to note that Sarma clarified that existing marriages registered by Kazis would remain valid, and only new marriages would be subject to the new legislation. He also noted that marriages prohibited under Islamic law would not be registered.
Key features of the new law:
- Mandatory Registration: Muslim marriages and divorces must now be registered with the government, not through Kazis. This applies to both prospective and already solemnised marriages.
- Legal Age Requirement: The law stipulates that women must be at least 18 years old and men at least 21 years old for their marriage to be registered and considered valid. Marriages involving minors will not be registered.
- Notice and Objection Process: According to Section 4, a Muslim couple intending to marry must provide a marriage notice to the Marriage and Divorce Registrar of their district, where one of the parties must have resided for at least 30 days.
Section 5 of the bill says the Marriage and Divorce Registrar shall publish notice in a “conspicuous place” in office about the notice given by the couple. If one of the two partners is not residing within the jurisdiction of the registrar, the bill warrants the officer to affix the said notice in the district office of the area where that partner lives.
The registrar is required to publish this notice, allowing anyone to raise objections within 30 days if the marriage violates conditions laid out in Section 3, such as issues of consent or prohibited relationships under Muslim law.
As for Section 3, a marriage can be registered if only a proper ceremony has been performed for wedlock and the two have been living as husband and wife; the parties have been residing in the district of the marriage and divorce registrar for at least 30 days preceding the date of marriage.
Other conditions include consent of both parties for the wedding; the parties are free from any kind of legal disability such as not being within the prohibited degree of relationship as per the Shariat or Muslim law and documents are documents identifying the parties to the marriage, among others.
Moreover, the parties will have to submit a declaration confirming the fulfilment of the above-mentioned conditions.
- Inquiry into Objections: If an objection is raised, the registrar must conduct an inquiry within 30 days to determine its validity. If satisfied with the conditions, the marriage may be registered; otherwise, the registration can be prohibited. Couples can appeal the decision to the District Registrar and further to the Registrar General of Marriages, whose decision will be final.
- Solemnisation of Marriage: A marriage can only be registered if the couple has lived as husband and wife, and if certain criteria—such as consent, absence of legal prohibitions, and proper ceremonies—are met. Violating the registration requirements can lead to up to one year of imprisonment and a fine of Rs. 50,000.
- Penalties for forgery and misconduct: If someone submits fake or forged documents to register a marriage or divorce, they could face up to two years of imprisonment, a fine of Rs. 10,000, or both. Additionally, they may be prosecuted under the Bharatiya Nyaya Sanhita 2023 for the offence of forgery. Registrars who knowingly register marriages in violation of the law may also be imprisoned for up to one year and fined up to Rs. 50,000.
- Special provisions for underage marriages: If the registrar discovers either party is underage, they are required to report the case to the Child Marriage Protection Officer, triggering legal action under the Prohibition of Child Marriage Act, 2006.
- Impact on Kazis: The new law effectively removes the role of Kazis in the registration process. Chief Minister Sarma emphasised that the bill’s aim is not only to end child marriages but also to transfer the authority of registering marriages and divorces from Kazis to government officers, increasing accountability.
- Marriages solemnised under personal law: The law acknowledges the traditional Nikah or other Muslim ceremonies, but insists on government registration to ensure compliance with legal age and consent requirements.
- Rights and protections for women: The bill aims to safeguard the rights of married Muslim women, enabling them to claim their matrimonial rights, maintenance, and inheritance. It also aims to prevent men from abandoning their wives after marriage without legal consequences.
- Penalties for issuing false certificates: Section 18 of the bill allows for public inspection of the registers and deems them admissible evidence. Registrars are the only ones authorised to file complaints regarding false certificates.
The complete bill may be accessed here:
Concerns raised against the new 2024 bill:
Advocate Mrinmoy Datta, speaking to SabrangIndia, pointed out potential concerns with the bill, suggesting it may have retrospective implications. According to him, under Section 3, all marriages conducted before the Act’s commencement would need to be registered, which could lead to legal issues for couples who have been married for years without formal registration.
“Prima facie this bill proposes give the law retrospective effect as under section 3 all marriages solemnised before the commencement of the Act shall have to be registered.”
Advocate Dutta, who practices at the Guwahati High Court, also warned that non-registration under Section 19 might be treated as a criminal offense, potentially leading to harassment of couples in long-standing marriages. Additionally, advocate Dutta highlighted that Section 9 suggests that marriages involving minors, even if solemnised before the Act, could result in prosecution under the Prohibition of Child Marriage Act, 2006, potentially disrupting families.
“Non-registration under section 19 is likely to be treated as a criminal offense because non registration would make even the subsisting marriage contrary to section 3 which can lead to unnecessary harassment to people who have been living a happy married life for years. Section 9 also seems to suggest that if the marriage registrar finds that a marriage which was already solemnised before the commencement of this act but the parties might have been minors at that point of time can be prosecuted under the Prohibition of the Child marriage Act 2006 which can disrupt happy family lives.”
As per a report of Indian Express, Advocate Zunaid Khalid from the Assam Millat Foundation also pointed claim of the state government to curb child marriages through this new law, emphasising that it could have simply amended the 1935 Act to specify that only marriages of individuals of legal age could be registered. He expressed concern that repealing the Act might lead to more unregistered marriages, as the process under the Special Marriage Act, which has now been adopted for Muslim marriages, is more complex, especially for the poor and illiterate.
Advocate Aman Wadud, a member of the Congress party, echoed these concerns. He pointed out that the previous Act allowed for a decentralised registration process, with 94 Kazis across the state. Replacing this with the Act, which requires a one-month notice period and more documentation, could lead to a reduction in marriage registrations and the rise of unregistered Kazis.
Are these politically driven reforms?
The political context of the repeal plays a significant role behind the concerns being raised by the people of Assam as well as the lack of trust that exists on the state government. In the recent months, the BJP-led government of Assam has increasingly been raising the “issue” of immigration and demographic changes in the state to target the Muslim population of the state, which is about 34%. Out of the 34%, Bengali-origin Muslims have been targeted by the current government again and again.
The changes being forced by the Sarma government under the guise of social reform in Assam, particularly with respect to family laws and marriage regulations, raise significant concerns about political motivations, discriminatory impacts, and the potential erosion of personal freedoms. While the government claims that these changes—such as the crackdown on child marriages, plans to criminalise polygamy, and the push for a Uniform Civil Code (UCC)—are aimed at addressing social issues and promoting gender justice, a closer examination reveals a more complex and troubling agenda.
Firstly, the disproportionate targeting of the Muslim community, especially Bengali-origin Muslims, is evident in these reforms. The government’s sweeping crackdown on child marriages last year resulted in more than 62% of arrests being from the Muslim community. While child marriage is undoubtedly a serious issue that needs to be addressed, the focus on one community risks reinforcing communal stereotypes and feeding into majoritarian politics. This is particularly concerning in a state like Assam, where anti-Muslim sentiment has long been tied to anxieties about immigration issues. The government’s actions, therefore, seem less about genuine social reform and more about demonising a particular group under the pretext of protecting women and children.
Secondly, the repeal of the 1935, and its replacement with stricter registration requirements, effectively removes a simple, decentralised process that had been functioning for decades. The argument that the law was “outdated” and allowed Kazis to register child marriages ignores the fact that amending the law to eliminate such loopholes could have been a more balanced solution. Instead, the Sarma government chose to repeal the entire Act, which forces Muslim marriages to be registered under the Special Marriage Act—a far more complex and bureaucratic process. The one-month notice period, the documentation requirements, and the need to engage with the District Commissioner’s office pose significant barriers, especially for poor, rural, and illiterate individuals. The outcome will likely be fewer registered marriages, pushing many Muslims towards unregistered, informal marriages, which could, ironically, undermine the very accountability the government claims to seek.
The government’s move to criminalise polygamy underlines its ambition to implement a Uniform Civil Code, a long-standing goal of the BJP. While promoting a UCC in the name of equality and gender justice may sound progressive, in practice, it is being pushed in a way that disproportionately affects minority communities, particularly Muslims, whose personal laws allow for polygamy. The push for a UCC is less about ensuring equality and more about homogenising legal practices to fit a majoritarian vision of India. This drive ignores the cultural and religious autonomy that is protected under India’s Constitution. The exemption for tribal communities further underscores the selective application of these laws. By exempting certain groups, the government acknowledges that a one-size-fits-all approach is not suitable for India’s diverse communities—yet it seems unwilling to extend this understanding to Muslim personal law.
The Sarma government’s actions seem to be catering to this base of Assamese supremacist voices, who view Muslims as a threat to the cultural and political fabric of the state. By framing these legal changes as steps towards eradicating child marriage and polygamy, the government is effectively othering the Muslim community, suggesting that their personal laws are inherently backward or harmful. This feeds into a broader narrative of Islamophobia, where Muslims are portrayed as lawbreakers or out of step with modern Indian values.
In this background, one cannot view the changes being brought in by the Sarma government as merely social reforms aimed at protecting women and children. They are part of a larger political strategy to marginalise Assam’s Muslim population under the guise of legal uniformity and gender justice. These changes, when viewed in the broader context of the government’s actions on family law, immigration, and demography, raise serious concerns about communal bias, discrimination, and the erosion of personal and religious freedoms in the state.
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