Assam Government Introduces Bill to Repeal Muslim Marriage and Divorce Law: Addressing Misuse and Protecting Rights.

Assam Government Introduces Bill to Repeal Muslim Marriage and Divorce Law: Addressing Misuse and Protecting Rights.

The Assam government has come out with a Bill to annul the Muslim Personal Law (Shariat) Application Act, 1937, within the state. This would prove to be very controversial since the Bill, if enacted, would try to address the misgivings about the present law being misused in respect of marriages and divorces of the Muslims in the world. It has justified this proposal on the basis that the present Act, in its application, has tended to have vulnerability for exploitation and has therefore led to serious concerns for society. In particular, it points out that the Bill states that the Muslim Personal Law has many times been misused to facilitate marriages under age or forced marriages without the full consent of the parties involved. Such misuse is not only against the principles of individual autonomy and free will, but also extends into harmful practices, especially against women and minor individuals. Bill supporters argue that young girls are being forced into marriages under loopholes in the existing law, without the girls knowing or agreeing to it. What is more worrisome is that this law has been used in cases of minor marriages thereby legitimizing unions, which under IPC and the Prohibition of Child Marriage Act, 2006, have to be treated as illegal. The new Bill has an express provision for closing these loopholes so that all marriages in Assam are brought under secular laws that protect rights and freedoms of all citizens irrespective of any religion. The bill has elicited quite mixed reactions. To the supporters, it is a step in the right direction and definitely going to help safeguard the rights of more vulnerable sections of society, including women and children within the state. They also feel that by repealing the Muslim Personal Law in Assam, the government is not only ensuring a strong stand against those very customs and practices incongruent with modern times but also standing for contemporary values of gender equality and human rights. They say the repeal could be interpreted as interfering with the wrong practices of Assamese Muslims. Others argue that it will lead to more violent state intervention in mental health issues, even if it leads to more communal violence. It is not moving. It said the fundamental purpose of the constitution is to ensure that all marriages are conducted with the general consent of both parties that to ensure that marriage of minor girls and forced marriages will get abolished . The bill has made it clear that it is committed to protecting the rights and dignity of all citizens and this bill is a step in the right direction. It will change crime and peace in Assam.

Find Lawyers In Your City

Connect with Best Lawyers at your location