In a significant move towards the implementation of a Uniform Civil Code (UCC) in Assam, the state’s cabinet, led by Chief Minister Himanta Biswa Sarma, has taken decisive steps to repeal the Assam Muslim Marriage and Divorce Registration Act, of 1935. This development aligns with the broader national discourse initiated by Prime Minister Narendra Modi and Union Home Minister Amit Shah advocating for uniform civil laws across all sections of society.
Repeal of the Assam Muslim Marriage and Divorce Registration Act, 1935:
The Assam Cabinet’s decision to revoke the Assam Muslim Marriage and Divorce Registration Act, 1935 marks a significant departure in the state’s legal framework governing Muslim marriages and divorces. Under this act, 94 Muslim registrars were still functioning, symbolizing a legal distinction in the treatment of marital and divorce matters within the Muslim community. By repealing this act, the Assam government aims to streamline these processes under a unified legal framework.
Transition to the Special Marriages Act:
All matters related to Muslim marriages and divorces will now be governed by the Special Marriages Act in Assam. This transition underscores the state government’s commitment to fostering a legal environment characterized by equality and uniformity across religious denominations. Chief Minister Himanta Biswa Sarma has been vocal about this shift as a step towards realizing the long-standing goal of a Uniform Civil Code.
Implications of the Decision:
The decision to repeal the Assam Muslim Marriage and Divorce Registration Act, of 1935 carries significant implications for the state’s legal landscape. District Commissioners and District Registrars will now oversee the registration of Muslim marriages and divorces, signifying a decentralization of administrative functions previously entrusted to Muslim registrars. This restructuring aims to ensure a more standardized approach to marital and divorce registrations, irrespective of religious affiliation.
Compensation for Muslim Registrars:
As part of the transition process, the 94 Muslim registrars currently in service will be relieved of their duties. Each registrar will receive Rs 2 lakh as one-time compensation to facilitate this transition. This measure acknowledges their past service while also facilitating their exit from administrative roles no longer aligned with the revised legal framework.
Broader Context:
The move towards implementing a Uniform Civil Code in Assam mirrors similar efforts undertaken by other BJP-ruled states. Uttarakhand recently became the first state to enact the UCC Act since independence, signalling a broader trend towards legal harmonization across diverse cultural and religious contexts. In states like Goa, Uniform Civil Laws have been retained from the pre-independence era, further highlighting the varied trajectories towards legal uniformity within the Indian federal structure.
Conclusion:
The repeal of the Assam Muslim Marriage and Divorce Registration Act, 1935 represents a significant milestone in the state’s journey towards implementing a Uniform Civil Code. By aligning marital and divorce laws across religious communities, the Assam government reaffirms its commitment to principles of equality and secularism enshrined in the Indian Constitution. As the state transitions towards a more unified legal framework, it sets a precedent for other regions to follow in pursuing legal harmonisation and social cohesion.
-Prisha Jaiswal