The Bharatiya Janata Party government claims the law allows child marriage, but Muslim leaders say the measure is aimed at polarizing voters ahead of elections. ing.
The Indian state of Assam, which has a large Muslim population, has scrapped British-era laws on Muslim marriage and divorce, sparking anger among minority communities, and the plan is ahead of public opinion. Leaders say it is an attempt to polarize voters. election.
Assam Chief Minister Himanta Biswa Sarma wrote in the X newspaper on Saturday that the state has repealed the nearly 90-year-old Assam Muslim Marriage and Divorce Registration Act.
“The Act contained a provision that allows the marriage to be registered even if the bride and groom are below the legal age of 18 and 21 years, as required by law. “This is another important step towards banning child marriage in the state,” he wrote.
On February 23, 2024, the Assam Cabinet took an important decision to repeal the age-old Assam Muslim Marriage and Divorce Registration Act. This law included a provision allowing the marriage to be registered if necessary even if the bride and groom had not yet reached the legal age of 18 and her 21.
— Himanta Biswa Sarma (@himantabiswa) February 23, 2024
Enacted in 1935, this law established legal procedures consistent with Muslim personal law. After a 2010 reform, registration of Muslim marriages and divorces with the state was mandatory, although registration was previously voluntary.
Authorities in the state, ruled by Prime Minister Narendra Modi's Bharatiya Janata Party (BJP), had called the law “outdated” and said it allowed child marriage.
The state government's crackdown on child marriage began last year and includes thousands of arrests under the Protection of Children from Sexual Offenses (POCSO) Act, with the aim of “eradicating” child marriage by 2026. .
However, representatives of the state's Muslim community said the crackdown was primarily directed against Muslims.
Assam, which has the highest proportion of Muslims among Indian states at 34%, has adopted a uniform civil code on marriage, divorce, adoption and inheritance, as was previously implemented by the northern state of Uttarakhand, also ruled by the Bharatiya Janata Party. He has previously said he wants the law to be enforced. this month.
Nationwide, Hindus, Muslims, Christians, and other groups follow their own laws and customs or secular norms on such matters. The BJP promised a uniform civil code.
The Assam government said it would enact the same law as Uttarakhand. Reuters reported that Premier Sarma said on Sunday that the state was not working “immediately” to implement the uniform code before general elections, scheduled for May.
The majority of Assam's Muslim population are Bengali-speaking Muslims, and tensions often arise between them and the predominantly Hindu Assamese. Nationalist politicians argue that large-scale migration from neighboring Bangladesh has changed the demographics of the northeastern state.
“They want to polarize voters.”
Following Assam's decision on Muslim marriage and divorce laws, Muslim opposition leaders accused the Bharatiya Janata Party of trying to use the colonial-era law as an election ploy.
“They are trying to polarize the electorate by provoking Muslims, but Muslims will not allow that,” said the All India MP from Assam, who primarily fights for Muslim causes. United Democratic Front chief Badruddin Ajmal told reporters on Saturday.
“This is a first step towards enacting a uniform civil code, but this will mark the end of the Bharatiya Janata Party government in Assam.”
Other opposition parties also criticized the decision.
“Right before the election, the government sought to polarize voters and to disenfranchise and discriminate against Muslims in some areas, including repealing the Registered Divorce Act, saying it predates independence in 1935.'' ” said Abdul Rashid Mandal. The main opposition party, the Indian National Congress.
Mandal denied claims that the law allows child marriage, adding that it is the “only mechanism for registering Muslim marriages” in the state.
“It has no other scope or system and is also subject to the Constitution of India. It is the personal law of Muslims and cannot be repealed.”
