The Bill states that the existing Act is prone to misuse, facilitating underage or forced marriages without the consent of the parties involved.
The Bharatiya Janata Party (BJP) government in Assam introduced a new Bill in the State Assembly on Thursday to repeal the existing law governing Muslim marriages and divorces in the State.
The Bill seeks to abolish the Assam Moslem Marriages and Divorces Registration Act, 1935, primarily on the grounds that it enables the practice of child marriage.
The Bill also provides several other justifications for repealing the Act.
The statement of objects and reasons highlights that the 1935 Act is a pre-independence law adopted for the former Province of Assam to address Muslim religious and social practices.
It also notes that the registration of marriages and divorces is not compulsory, and the informal registration process allows for potential non-compliance with existing regulations.
“There remains a scope of registering marriages of intended person below 21 years (in case of male) and 18 years (in case of female) and hardly any monitoring made for implementation of this act throughout the state which attracts and invite huge amount of litigation in the criminal/ civil court,” it further suggests.
It also highlights that the current Act is susceptible to misuse by both authorized registrars and citizens, enabling underage or forced marriages without the consent of the involved parties.