Aarohi Dhumale
On 4th December, 2024, Gauhati High Court directed the Assam Government to provide a response within four weeks to a petition questioning the legality of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.
The bench comprising of Justice Lanusungkum Jamir and Justice Kaushik Goswami heard a petition which was filed by the All Assam Muslim Marriages and Divorces Registrar and the All Assam Kazi Association, challenges the state’s move to repeal the Assam Muslim Marriages and Divorces Registration Act, 1935. The petitioners argue that the repeal infringes upon Muslim personal law, Shariat law, and Article 25 of the Indian Constitution, which ensures freedom of religion.
The petitioners argue that the New Act eliminates the traditional role of kazis in registering Muslim marriages, thereby infringing on both the livelihood and religious rights of the Muslim community.
The petitioners cited violations of Articles 25 and 26 of the Constitution, which safeguard religious freedom and the autonomy of religious affairs.
They argued that the 1935 Act was amended in 2010 to make the registration of Muslim marriages mandatory, disputing the state’s assertion that no such requirement existed.
The repeal is described as arbitrary, carried out without adequate justification or public discussion.
Previously, the petitioners had submitted a Memorandum to the Assam Chief Minister, suggesting Amendments to the 1935 Act, including setting the legal marriage age at 21 for men and 18 for women.
The Assam Repealing Ordinance, 2024, which was enacted without allowing legislative debate or discussion, weakens democratic processes and religious freedoms according to the petitioners.
In February 2024, the Assam Government opted to repeal the Assam Muslim Marriages and Divorces Registration Act, 1935, citing administrative inefficiency and the lack of a contemporary legal framework. However, critics argue that this move undermines constitutional protections and disregards established Muslim Personal Law frameworks.
The Gauhati High Court has requested the Assam Government’s justification for the new law and the repeal of the previous act. A detailed response is expected within four weeks, after which the court will consider the petition’s merits.
Case Name: All Assam Muslim Marriages and Divorces Registrar and Kazi Association V. The State of Assam
Case Number: WP(C)/6428/2024
Bench: Justice Lanusungkum Jamir and Justice Kaushik Goswami