Assam Cupboard Provides Nod To Repeal Muslim Marriage Act, Oppn Calls It ‘Discriminatory’ – Kashmir Observer

Guwahati- The Assam cupboard has given its nod to repeal the Assam Muslim Marriages and Divorces Registration Act, 1935 in a bid to finish youngster marriage, Chief Minister Himanta Biswa Sarma mentioned.

“This Act contained provisions permitting marriage registration even when the bride and groom had not reached the authorized ages of 18 and 21 respectively, as required by regulation. This transfer marks one other vital step in direction of prohibiting youngster marriages in Assam,” the chief minister posted on X.

Opposition events, nevertheless, termed the choice “discriminatory towards Muslims” and “try and polarise voters in an election 12 months”.

Talking to PTI, Congress MLA Abdul Rashid Mandal alleged that by taking a choice to repeal the Act within the 12 months of Lok Saha polls, the federal government “was attempting to polarise voters… it’s nothing however a discriminatory determination towards Muslims.”

The Goalpara (West) MLA added, “The federal government talks about Uniform Civil Code (UCC) and banning polygamy within the state however no such Invoice or ordinance has been introduced within the meeting to date for causes finest identified to them.”

“The BJP authorities is asking it (Assam Muslim Marriages and Divorces Registration Act, 1935) an out of date Act and that registration of kid marriages is going on underneath it, however that’s not a truth. That is the one mechanism for registration of marriages and divorce for Muslims and is legitimate underneath the Structure,” he mentioned.

The CM mentioned that the district commissioners and district registrars can be authorised to take “custody of registration data” at the moment with 94 Muslim Marriage Registrars on the repeal of the laws underneath total supervision and management of the Assam Inspector Basic of Registration.

A one-time compensation of Rs 2 lakh can be supplied to Muslim Marriage Registrars for his or her rehabilitation after the Act is repealed.

The choice to repeal the Act was taken at a late-night cupboard assembly on Friday as it’s an out of date pre-Independence Act of the British for the then province of Assam, the CM mentioned.

Registration of marriages and divorces is just not necessary as per the Act and the equipment of registration is casual, leaving loads of scope for non-compliance with extant norms, he mentioned.

It was identified on the assembly that as per the provisions of the Act, there stays scope for registering marriages of meant individuals under 21 years for males and 18 years for ladies and there may be hardly any monitoring for implementation of the Act.

AIUDF MLA Rafikul Islam alleged that the cupboard determination was taken with an “intention to focus on Muslims in an election 12 months”.

“There have been makes an attempt to carry the UCC in Assam however they won’t be able to take action as there are a number of castes and communities they usually understand it is not going to be legally tenable,” he mentioned.

“They have been speaking quite a bit about polygamy however the apply is prevalent amongst varied communities that assist the BJP, and as such they can not carry it (Invoice) within the state,” he mentioned.

“Our Structure offers the suitable to folks of various religions, castes and communities to apply their customs and tradition based on particular legal guidelines,” he mentioned.

The Jania MLA mentioned there are private legal guidelines for Hindus, Muslims, Sikhs and Jains, with the Structure permitting totally different legal guidelines for marriages and divorce for various communities and individuals are practising based on these.

“I don’t suppose any state cupboard has the suitable to cancel the rights given to the folks by the Structure at its personal whims and fancies,” he mentioned.

Assam United Opposition Discussion board common secretary Lurinjyoti Gogoi mentioned that the state authorities mustn’t make unilateral choices on any difficulty involving social customs, non secular beliefs and public sentiments.

“Views of students of the communities involved must be sought in these issues. We have now seen the BJP authorities taking part in politics on the problem of Muslim marriage registration,” he mentioned.

With inputs from group stakeholders, nobody would most likely object to any determination relating to the Act however “as a substitute of doing that, the BJP authorities is making a political difficulty to impress a group, which could trigger social unrest. The federal government ought to chorus from trying to create such unrest,” the president of the Assam Jatiya Parishad (AJP) mentioned.

Eminent lawyer Aman Wadud mentioned authorised registrars underneath the Act gained’t have the ability to register Muslim marriages now and it’ll occur underneath the Particular Marriage Act, which requires 30-day discover and an extended record of paperwork.

“This centralised system of registration, by abolishing a decentralised system, will cut back registration of Muslim marriages as most individuals gained’t have the ability to afford registration charges of the SMA,” he mentioned.

The federal government additionally claims this may fully eradicate youngster marriage however “opposite to its declare, this may solely enhance the variety of unauthorised qazis and subsequently youngster marriages too”, Wadud mentioned.

One other distinguished lawyer, Bijon Mahajan, mentioned the cupboard determination to repeal the Act is in tune with the present instances and it additionally has a constitutional mandate.

The chief minister had earlier mentioned that the state authorities was planning to carry a Invoice to finish polygamy.

An professional committee had submitted a report on the meeting’s competence to finish polygamy following which 150 recommendations have been acquired relating to the proposed Invoice to finish the social menace within the state. The chief minister had mentioned that his authorities was in assist of the Uniform Civil Code (UCC) however desires to ban polygamy instantly within the state.

The UCC is a matter which can be determined by Parliament however the state may also take a name with the assent of the President, he mentioned.

The state authorities had launched a crackdown towards youngster marriage within the state in two phases final 12 months and it was discovered that many aged males married a number of instances and their wives have been principally younger women, belonging to the poor part of the society, Sarma had mentioned earlier.

Within the first part in February final 12 months, 3,483 folks have been arrested and 4,515 instances registered in February, whereas 915 folks have been arrested and 710 instances registered within the second part in October final 12 months.

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