Why Assam repeal its Muslim Marriage Act?

Muslim Marriage Act

 Why In News?

Assam government with the help of Article 213 power to issues ordinance repeal the Muslim Marriage Act because After Uttarakhand, the CM of Assam focuses in his speech about Uniform Civil Code and Child Marriage

IMP

Because State Government called it "Another significant step towards prohibiting child marriages in Assam

Uniform Civil Code (UCC)

Under Article 44 of the Constitution of India which is the part of Directive Principles of State Policy (DPSP) Part-IV of the Constitution of India.

Article 44: Uniform Civil Code The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

Current Event:
  • Assam government repeal the Assam Muslim Marriage and Divorce Registration Act, 1935.
  • Assam government used it by ordinance "Assam Repealing Ordinance 2024" 
 Act ?
  • It define and explain the process to register Muslim marriages and divorces.
  • Amendment: 1. "voluntary" to "compulsory", in 2010. 
  • The act authorizes the state to license to any person to being Muslim to register the marriages and divorces among the Muslims in Assam stat  e.
Why Assam government repeal this act?

The reason for repeal of the act the Assam Muslim marriage and divorce registration act, 1935 reasons as follows:
  • The Act allows marriage restoration, even if the bride and groom are of the minor ages for boys and girls the legal age of marriage18 and 21 respectively.
  • After repeal of this act, the Muslims have to  use a special marriage act for registration of their marriage.
  • It is an obsolete, pre-independence act of the British for Assam, which was one of their provinces. That is the reason for repeal of this act.
Issues after the repeal of this act:
  • One of the major issues which became after the repeal of Muslim Marriage Act is the registration of a marriage under Special Marriage Act, the nodal officer is District commissioner office of many people in Assam are not educated and literate. They will not be able to understand the documentation required to get marriage. This makes the registration of marriage a tough preposition.
  • Registration of marriage under the Special Marriage Act requires one month advance notice and robust documentation, which also became a roadblock for registration of marriage among Muslims.
Source: IE





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