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Mahesh

30/08/24 11:04 AM IST

Assam’s new Muslim marriage law

In News
  • The Assam Legislative Assembly recently passed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024.
Major Provisions
  • 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.
  • Section 8 of the repealed Act that lay down the procedure to make an application to the registrar, which said, “…provided that if the bride and groom, or both, be minors, application shall be made on their behalf by their respective lawful guardians…”.
  • Section 10 of the Act, which laid down the procedure for making entries in the marriage register, had the same provision.
  • There is no role for kazis in registering marriages under the new law. The registering officer shall be the government’s Marriage and Divorce Registrar in that jurisdiction, who is the Sub-Registrar.
  •  For a marriage to be registered under the new law, seven conditions must be fulfilled. Important among these conditions: the woman should have attained 18 years of age and the man 21 years of age before the marriage; “the marriage has been solemnized on free consent of both parties”; at least one of the parties must be resident within the district of the Marriage and Divorce Registrar for 30 days before giving notice of registration to the officer; and the parties shall not be within the prohibited degree of relationship as per Muslim law.
  •  The parties are required to give the registering officer at least 30 days’ notice before the intended registration, with documents attesting to their identities, age, and place of residence. This provision is similar to one in the Special Marriage Act.
  • Objections to the marriage are allowed within the 30-day period on grounds of violation of any of the conditions laid down in the Bill, which will then be inquired into by the Registrar. If the Registrar after inquiry refuses to solemnize the marriage, the Bill provides for two stages of appeal, to the District Registrar and then, the Registrar General of Marriages.
  • The registering officers must act if they find that either of the parties is underage. If the officer makes this discovery during the scrutiny of documents, she must immediately report it to the jurisdictional Child Marriage Protection Officer appointed under the Prohibition of Child Marriage Act, 2006, and transmit all relevant records “for the effective prosecution of persons contravening the provisions of the…Act and for initiating appropriate legal action”.
  • An officer who “knowingly and wilfully” registers a marriage that violates any of the conditions is liable to be imprisoned for up to a year and fined up to Rs 50,000.
  •  The Bill states that its provisions “shall be in addition to and not in derogation of the provisions of the prevailing Muslim personal laws.” However, under Muslim personal law, the marriage of a bride who has attained puberty is considered valid — and puberty is presumed, in the absence of evidence, on completion of the age of 15 years. Earlier this month, the Supreme Court agreed to an early hearing of a plea by the National Commission for the Protection of Child Rights seeking an authoritative pronouncement on whether Muslim personal law allowing child marriages will prevail over the Prohibition of Child Marriage Act, 2006. This is a question on which different High Courts have made differing observations.
Source- Indian Express

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