In a significant move late Friday night, the Assam government took decisive action toward the establishment of a Uniform Civil Code (UCC) within the state. This initiative came into effect with the decision to abolish the Assam Muslim Marriage and Divorce Registration Act of 1935. This legislative change marks a pivotal moment in Assam's legal history, aligning with actions taken by the Uttarakhand Assembly, which recently became the inaugural state assembly in India to endorse the UCC.

In a public announcement, Minister Jayanta Malla Baruah articulated the repeal of what he described as a "colonial Act" as a critical milestone on Assam's path to adopting a Uniform Civil Code. "a very important step in the journey towards a Uniform Civil Code" in the state, he emphasized. This development is seen as a forward leap in ensuring a standardized legal framework across the state, offering a more unified approach to civil matters.

The decision holds considerable significance given the demographic composition of Assam. As per the data from the 2011 Census, Muslims represent a substantial portion of the state's demographic makeup, accounting for 34% of the total population. This translates to about 1.06 crore individuals out of a comprehensive population figure of 3.12 crore. The government's move to repeal the act and work towards a UCC is thus impactful, affecting a significant segment of Assam's residents and marking a step forward in the state's legal and social reform initiatives.

Shortly after the stroke of midnight, Assam's Chief Minister Himanta Biswa Sarma took to social media to announce a landmark decision by the Assam cabinet. On the 23rd of February, 2024, the cabinet resolved to do away with the longstanding Assam Muslim Marriages & Divorces Registration Act. This particular legislation was notable for its allowance of marriage registrations even when the individuals involved were younger than the legally mandated ages of 18 for brides and 21 for grooms. "On 23.22024, the Assam cabinet made a significant decision to repeal the age-old Assam Muslim Marriages & Divorces Registration Act. This Act contained provisions allowing marriage registration even if the bride and groom had not reached the legal ages of 18 and 21, as required by law. This move marks another significant step towards prohibiting child marriages in Assam.” This statement underscores the government's dedication to eradicating child marriages within the state, highlighting the measure as a crucial advancement in this direction.

Further elaborating on the cabinet's decision, Minister Jayanta Malla Baruah addressed the media to clarify the implications of repealing the Assam Muslim Marriage and Divorce Registration Act of 1935. Until now, this act had been the foundation for the registration and dissolution of Muslim marriages in Assam, with 94 Muslim registrars actively conducting these formalities under its provisions. "The Assam Muslim Marriage and Divorce Registration Act 1935 – on the basis of which 94 Muslim registrars had even now been doing the registration and divorce of Muslim marriages in the state – has been repealed. Today’s Cabinet (meeting) has removed this Act as a result of which, after today, Muslim marriage registration or divorce registration cannot happen through this Act. We have a Special Marriage Act, so we want all marriages to happen under the Special Marriage Act.” Baruah's statement indicates a clear shift towards a more uniform legal process for marriage registration and divorce, emphasizing the transition to the Special Marriage Act for all future registrations, irrespective of religious affiliation.

The Chief Minister, reinforcing the cabinet's decision, confirmed the repeal through a tweet on the following day, February 24th. "On 23.22024, the Assam cabinet made a significant decision to repeal the age-old Assam Muslim Marriages & Divorces Registration Act.” This reiteration by Himanta Biswa Sarma serves to reaffirm the government's commitment to both combating child marriage and steering the state towards a more unified legal system for marital and divorce registrations.

Chief Minister Himanta Biswa Sarma further elaborated on the repealed act's implications, noting its allowance for the registration of marriages even when the bride and groom had not yet reached the legal ages of 18 and 21, respectively. _"This act contained provisions allowing marriage registration even if the bride and groom had not reached the legal ages of 18 and 21, as required by law," he added, highlighting the law's contradiction with national legal standards on marriage age.

Sarma underscored the significance of this legislative repeal as a crucial move in Assam's fight against child marriages. _"This move marks another significant step towards prohibiting child marriages in Assam," he concluded. This statement was part of his broader announcement made earlier in January, where he indicated Assam's position as the third state in India on the path to implementing the Uniform Civil Code (UCC), following the footsteps of other states like Uttarakhand.

In his dialogue with the press, Sarma elaborated on Assam's approach towards the Uniform Civil Code, expressing the state's intent to observe and possibly adapt the legislative model proposed by Uttarakhand. _"We are waiting for the Uttarakhand Bill on UCC and after it is introduced, Assam will follow it with certain additional clauses," he mentioned, indicating a strategic approach to crafting Assam's version of the UCC. He also touched upon the potential for public consultations to refine the bill, underscoring a commitment to inclusivity and expert advice in the legislative process.

The Chief Minister expressed a determined outlook on Assam's legislative future concerning the UCC, emphasizing the state's readiness to confront and eradicate issues like child marriage and polygamy. _"Everything depends on Bills passed by Uttarakhand and Gujarat, but Assam will definitely be the third state to bring a bill on the UCC," Sarma stated, reaffirming the state's commitment to this significant legal shift.

The now-repealed Act previously empowered the Assam government to license individuals, specifically Muslims, to register Muslim marriages and divorces within specified parameters. This legislation delineated the scope and responsibilities of such registrars, facilitating the legal recognition of marriages and divorces within the Muslim community under its jurisdiction.

The focus is on a piece of legislation that Minister Jayanta Malla Baruah described as a "colonial Act" and _"not in line with today’s society." This Act, long-standing in its tenure, has been repealed in a move closely tied to the government's aggressive stance against child marriage—a problem that has seen over 4,000 arrests in its wake.

Minister Baruah shed light on a critical aspect of the repealed Act, emphasizing how it inadvertently facilitated the registration of underage marriages, specifically "of boys below 21 years or girls below 18 years." His remarks underscore the repeal as a significant milestone towards "completely eradicate[ing] child marriage" in the state. This legislative change is not just about aligning with the legal marriage age but is a part of a larger commitment to protect the youth and ensure their rights are not compromised.

A notable clause of the now-defunct Act provided a legal pathway for the marriages of minors to be registered, stating, "…provided that if the bride and groom, or both, be minors, application shall be made on their behalf by their respective lawful guardians…" This clause, while designed with a certain legal logic, has been part of the broader framework that the government aims to overhaul in its efforts against child marriages.

With Muslims making up 34% of Assam's population, the Act's repeal affects a significant portion of the state's demographic. Previously, 94 registrars were authorized under the Act to oversee the registration of marriages and divorces within the Muslim community. Moving forward, the Assam government has made it clear that the Special Marriage Act will be the standard for all marriage registrations, signifying a shift towards a more unified and equitable legal system for marital affairs. This transition not only reflects the state's commitment to modernizing its laws in alignment with contemporary values but also its dedication to safeguarding the welfare of all its citizens, irrespective of their religious or cultural backgrounds.

In a recent announcement, Minister Jayanta Malla Baruah shared that the Assam government has taken a thoughtful approach towards the transition following the repeal of the Assam Muslim Marriage and Divorce Registration Act. He mentioned that the "District Commissioners will take custody of the 94 registrars" who operated under the previous Act. To support these registrars during this change, the Cabinet has decided to offer them "a one-time financial compensation of Rs 2 lakh." This gesture is aimed at easing the transition for those directly affected by the repeal, acknowledging their service and providing them with financial assistance as they adapt to the new legal landscape.

Chief Minister Himanta Biswa Sarma has been vocal about the Assam government's commitment to reforming family law within the state. One of the major reforms being pursued is the introduction of a Uniform Civil Code (UCC), which aims to standardize civil laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens, irrespective of their religion. Alongside this, the government has been diligently working on legislation to "ban polygamy, making it a criminal offence." This indicates a firm stance on reforming marriage laws to ensure they are fair and just for all citizens.

The efforts to enact anti-polygamy legislation were in their final stages, with plans to introduce the Bill in the current session of the Assembly. However, in a strategic move, Chief Minister Sarma hinted that the introduction of this Bill might be "put on hold for the time being" as the Cabinet seeks to "align" it with the broader goals of the UCC. This pause reflects a careful consideration of how various laws can be integrated to form a cohesive and inclusive legal framework that aligns with the principles of the UCC.

Furthermore, Sarma has made it clear that Assam's tribal communities will be "exempt from the UCC." This exemption is a significant acknowledgment of the diverse cultural and social practices within the state, ensuring that the unique traditions and customs of tribal communities are respected and preserved. By making this exception, the Assam government demonstrates its commitment to balancing the goal of a unified civil code with the need to respect and protect the rights and identities of its indigenous populations.