In August 2024, the Assam government introduced a new bill aimed at making marriage registration mandatory within the Muslim community, a move seen as a significant step towards curbing practices such as polygamy and child marriage. The bill has sparked debates and drawn national attention, as it directly intersects with personal laws governed by religious practices. This legislative effort reflects Assam’s ongoing attempt to bring about social reform while addressing long-standing issues concerning women’s rights and gender equality in the state.
Assam, with its significant Muslim population, has witnessed various socio-cultural challenges related to marriage practices. Among these, polygamy and child marriage have been particularly prevalent in certain communities. Although these practices are not representative of all Muslims in Assam, the state government views these issues as serious impediments to women’s welfare and development. The new bill, therefore, aims to address these problems through a legal framework that would require the mandatory registration of all marriages within the Muslim community.
Polygamy, though allowed under certain circumstances in Islamic law, has been a contentious issue in India, where the broader legal framework operates under the assumption of monogamy. The new bill seeks to enforce the registration of all marriages, ensuring that instances of polygamy are more visible to legal authorities. By requiring that all marriages be registered, the government will be able to monitor the practice more effectively, making it harder for individuals to engage in polygamous marriages without legal oversight. The move is intended to create an environment where women are more aware of their rights and can seek legal recourse if their husbands attempt to marry more than one wife without proper justification. Furthermore, unregistered marriages often leave women vulnerable, lacking legal recognition and protection, especially in cases of divorce or inheritance. The bill aims to safeguard the rights of women by ensuring that they are part of a legally recognized union.
Child marriage is another critical issue that the Assam government is targeting with this bill. Despite national laws prohibiting marriages under the legal age, the practice remains prevalent in parts of Assam, particularly in rural and marginalized communities. Many child marriages go unreported due to the lack of formal registration, leaving young girls trapped in marriages that not only violate their basic rights but also put them at risk of early pregnancies, domestic violence, and a lack of education. The compulsory registration of marriages would act as a deterrent to child marriage, as couples will need to present valid identification proving their legal age before the union is recognized by the state. This requirement would make it harder for families to marry off underage girls, as the state would have a direct record of the marriage and could intervene if laws are being violated.
The Assam government has framed this bill as an important tool to align the state’s marriage practices with broader national objectives, including the protection of women’s rights and the eradication of harmful practices like polygamy and child marriage. Supporters of the bill argue that it is not only a step towards reforming personal laws but also a measure that will bring greater social equity to the Muslim community, particularly for women and girls. By registering marriages, the bill also aims to provide women with legal documentation, which is crucial for accessing various government benefits and protections, including inheritance rights, maintenance in the event of divorce, and protection from domestic violence.
However, the bill has not been without controversy. Critics argue that the government is interfering in religious practices and imposing laws that could be seen as infringing on the Muslim community’s autonomy in personal matters. Some see the bill as part of a broader pattern of legislative moves by the Assam government that specifically target the Muslim population. Opponents also express concerns about how the law might be implemented and whether it would disproportionately impact poor and rural Muslims, who may face logistical challenges in registering their marriages.
Despite the controversy, the Assam government remains firm in its position that this bill is necessary to safeguard the rights of women and to promote gender equality in the state. The bill is seen as part of a broader national effort to harmonize personal laws with constitutional values of equality and justice, particularly in relation to women’s rights. If passed, the bill could serve as a model for other states with similar demographic challenges, while also sparking a national conversation on the role of personal laws in modern India.
