A writ petition has been filed before the Gauhati High Court challenging the constitutional validity of the Assam Compulsory Registration of Muslim Marriages and Divorces Act of 2023. The Assam Compulsory Registration of Muslim Marriages and Divorces Act makes it obligatory to register all Muslim marriages and divorces in AssamThe petitioner submitted that the Act singled out Muslim marriages and divorces as mandatorily registrable, which was an unequal and discriminatory burden on one religious community. While other personal laws in India allowed marriages to be registered voluntarily, the legislation compulsorily required only Muslims to do so, with unequal treatment. It further argues that the Act violates the religious and cultural susceptibilities of the Muslim community and thus infringes their rights to freedom to practice religion as envisaged under personal laws. Key Provisions of the Act The Act makes it mandatory to register all Muslim marriages before the officers appointed for this purpose. But unless so done, the Act goes on to provide for penalties by the government with such penalties being fines among other things. It prays for providing a legal framework in fraudulent marriage cases, women's welfare record-keeping among others. Such a rationale, the petitioner argues, given by the government while proposing the Act, is baseless and bereft of justification because an identical machinery for all communities may be constituted not by targeting only Muslims. Constitutional Challenge It argues that the Act runs violative of the Special Marriage Act, 1954 whereby marriages between persons belonging to all religions can be registered on a voluntary basis. The Act being applicable to Muslims alone, the Assam government has violated the very basic principles of secularism and equality enshrined in the Constitution. In pleading, procedural flaws are raised in the passage of the law in that stakeholders of the Muslim community were not abundantly consulted. It was said that the drafting process harbored a breach in democratic principles such as equal representation and justice. Defense by the State The Assam Government has been vindicating its move under the Act as necessary to bring about social elements like early marriage, a system of polygamy, and non-documentary status prevailing in rural backgrounds. For the government, the act ensures gender justice through providing statutory protection to women. Status at present Gauhati High Court accepted this petition and is likely to be taken up soon. The decision in this case may well be significant on both the marriage registration regulations and religious liberty and their connection with that aspect of Indian law..