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South Asian Update
South Asian Update

South Asia

India's Assam scraps colonial-era Muslim marriage law

 Published: 14:39, 25 February 2024

India's Assam scraps colonial-era Muslim marriage law

Assam, a state in India with the highest percentage of Muslims at 34% has recently abolished an 89-year-old law that permitted marriages involving underage Muslims. 

Despite objections from leaders within the minority community, who view the move as an attempt to exploit religious differences ahead of elections, the state government proceeded with its decision.
The repealed law, known as the Assam Muslim Marriages and Divorces Registration Act of 1935, allowed the registration of marriages even if the individuals involved were below the legal ages of 18 and 21. The state's Chief Minister Himanta Biswa Sarma announced the revocation, effective from February 24 emphasizing the significance of this step in preventing child marriages in Assam.
Assam has expressed its intention to enforce uniform civil laws for marriage, divorce, adoption, and inheritance, following the example set by the state of Uttarakhand earlier in the month. The move is part of a broader initiative by the Bharatiya Janata Party (BJP), the ruling party in Assam, to implement a Uniform Civil Code nationwide. This proposal has faced opposition from the Muslim community, as they prefer following their own laws and customs.
The BJP, positioning itself as the advocate for ethnic communities, has often faced tensions between Muslims and the predominantly Hindu ethnic Assamese population. Critics argue that the repeal of the colonial-era law is discriminatory and an attempt to polarize voters along religious lines.
Badruddin Ajmal, a prominent lawmaker from Assam leading the All India United Democratic Front, a party mainly championing Muslim causes, denounced the move. He asserted that the government's actions were aimed at provoking Muslims for political gains, a sentiment that the Muslim community vows to resist.
In the midst of these developments, Assam's decision to discard the outdated law reflects an ongoing debate over the balance between uniform civil laws and the preservation of diverse religious and cultural practices in India.

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