Gauhati HC Issues Show Cause Notice to Assam Government Over Repeal of Muslim Marriage Act, 1935

Staff Reporter

Guwahati: The Gauhati High Court today issued show cause notices to the state government regarding the Assam Repealing Ordinance, 2024, which repeals the Assam Muslim Marriage and Divorce Registration Act, 1935 (hereinafter referred to as the Act of 1935).

The division bench of Justice Lanusungkum Jamir and Justice Kaushik Goswami issued the notice in a case (WP(C)/6428/2024) filed by the petitioner, All Assam Muslim Marriages And Divorces Registrar And Kazi Association. The members of the association submitted that the repeal of the Act of 1935 violates the constitutional guarantee of freedom of religion as a fundamental right and the prevailing provisions of Muslim Personal Laws. Moreover, they have not been provided any alternative means of livelihood and, being aggrieved, filed the case against the move of the government to pass The Assam Compulsory Registration of Muslim Marriage and Divorce Act, 2024, which makes their jobs redundant.

The petitioners submitted that they had been discharging their duties and responsibilities diligently and in accordance with the law. However, in the month of February, 2024, the government of Assam took a cabinet decision to repeal the aforementioned Act and Rules framed thereunder without any reasonable ground. Subsequently, the Assam Repealing Ordinance, 2024, was brought in without giving the legislative body any opportunity for debate, discussion, and deliberation, they maintained.

The petitioners, being aggrieved with the act of the state respondents, have submitted repeated memorandums to the concerned authority, but their grievances were not addressed; rather, the state government has now promulgated or enacted two Acts or legislation, i.e., The Assam Repealing Act, 2024, to repeal the Act of 1935, and The Assam Compulsory Registration of Muslim Marriage and Divorce Act, 2024, to provide a framework for the registration of Muslim marriages and divorces. The petitioners said both the Acts violate the constitutional provisions as well as Muslim Personal Laws. The petitioner association again aired their grievance before the authority concerned by submitting a memorandum dated November 18, 2024. Now, the petitioner association, represented by its president and secretary, finding no other adequate, appropriate, and effective alternative, approached the HC assailing the aforementioned impugned Acts.

The bench today heard the parties concerned and directed that notice be issued to the state government, asking it to show cause regarding the repeal of the Act of 1935 and promulgation of the Assam Compulsory Registration of Muslim Marriage and Divorce Act, 2024. Accordingly, notices were issued to the respondents, asking them to file affidavits while listing the case for the next hearing after four weeks.

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