ASSAM MUSLIM MARRIAGE AND DIVORCE REGISTRATION ACT OF 1935

The Assam government cited several reasons for repealing the Assam Muslim Marriage and Divorces Registration Act of 1935, primarily related to concerns about its effectiveness and potential for misuse:

• Outdated and Obsolete: The Assam government considers the act outdated and claims it doesn't align with contemporary legal frameworks. The act was established during British colonial rule, and the government argues it no longer reflects current social realities and legal practices.
• Concerns regarding Misuse: Critics have raised concerns about the potential for misuse of the act, particularly regarding the identification and registration of marriages for undocumented immigrants. The government might believe the act could be exploited to legitimize the presence of individuals deemed ineligible to reside in Assam.
• Alignment with Uniform Civil Code: The repeal of the Act aligns with the Assam government's stated goal of implementing a Uniform Civil Code (UCC) in the state. A UCC would establish a common set of personal laws for all Indian citizens, regardless of their religion, potentially addressing concerns about the act's discriminatory nature towards other religious groups.
• Lack of Effectiveness in Preventing Child Marriages: The Assam government claimed the Act was ineffective in preventing child marriage within Muslim communities. Critics of this argument point out that the issue of child marriage requires broader social and legal reforms, not simply the repeal of the Act.

Prevalence

• India has made strides in reducing child marriage rates in recent decades. However, it remains a widespread problem.
• According to the National Family Health Survey-5 (NFHS-5), the prevalence of child marriage in India has declined to 23.3%.
• Rates vary significantly between states. States like Bihar, Rajasthan, Jharkhand, West Bengal, and Madhya Pradesh have higher than the national average.
• Child marriage is more prevalent in rural areas compared to urban settings.

Key Statistics (NFHS-5)

• 27% of women aged 20-24 were married before the age of 18.
• Child marriage is more prevalent among poorer households and those with less education.
• Rates in the Southern States of India are generally lower than those in the North and East.

Reasons for Child Marriage

• Families may view it as a means of reducing economic burdens.
• Child marriage perpetuates gender inequality and limits girls' opportunities.
• Girls without access to education are more likely to be married early.
• Deeply rooted customs and beliefs can perpetuate the practice.
• Despite laws, child marriage persists due to weak implementation.

Consequences

• Increased maternal and infant mortality, and health problems for child brides.
• Disrupts girls' schooling and limits their future potential.
• Increased risk of abuse and violence within marriage.
• Contributes to intergenerational cycles of poverty and inequality.

Child marriage is considered a violation of human rights for several reasons:

• Right to Education: Child marriage often results in girls dropping out of school, depriving them of their right to education. Education is a fundamental human right and is essential for the empowerment and development of individuals.
• Right to Health: Child brides are at higher risk of complications during pregnancy and childbirth, as well as other health issues related to early marriage and childbearing. This violates their right to health and well-being.
• Right to Freedom from Discrimination: Child marriage disproportionately affects girls and is a form of gender-based discrimination. It perpetuates gender inequality and denies girls the same opportunities and rights as boys.
• Right to Protection from Harm: Child marriage exposes girls to physical, emotional, and sexual harm. They are often forced into marriage against their will and may face abuse and violence from their spouses or in-laws.
• Right to Freedom of Choice: Child marriage deprives girls of their right to choose their own life partner and make decisions about their future. It restricts their autonomy and agency.
• Right to a Childhood: Child marriage robs girls of their childhood and forces them into adult roles and responsibilities before they are physically, emotionally, and mentally ready.
• Right to Equality in Marriage: Child marriage often involves significant age differences between spouses, which can lead to power imbalances and unequal relationships.
• Right to Participation: Child marriage prevents girls from participating fully in society and contributing to their communities. It limits their potential and opportunities for personal and professional growth.
• Right to a Family Life: Child marriage can disrupt family life and lead to negative consequences for the well-being of the entire family, including children born to child brides.
• Right to an Adequate Standard of Living: Child marriage can perpetuate poverty and economic dependence, as girls who marry young are less likely to complete their education and have access to employment opportunities.

Legal Frameworks

• Prohibition of Child Marriage Act (PCMA), 2006 The primary law prohibiting child marriages. It criminalizes those involved in facilitating or conducting child marriages, including parents, guardians, and priests.
• Child Marriage Restraint Act, 1929 An earlier law which served as the basis for the PCMA.
• Protection of Children from Sexual Offences (POCSO) Act, 2012 Protects children from sexual abuse, which is highly prevalent within child marriages.
• Right to Education Act (RTE) Mandates free and compulsory education for all children between 6-14, aiming to keep girls in school longer.

Schemes and Programs

• Beti Bachao Beti Padhao is a flagship government scheme promoting the value of girl children, advocating for their education, and raising awareness about the negative consequences of child marriage.
• SABLA (now Scheme for Adolescent Girls) Focuses on empowering adolescent girls in various aspects, including education, health, and life skills, reducing their vulnerability to child marriage.
• National Scheme of Incentives for Girls for Secondary Education Provides financial support to girls from disadvantaged backgrounds, encouraging them to delay marriage and continue their education.
• Childline India (1098) 24-hour helpline for children in distress, including those facing child marriage.

Institutional Structures

• Child Marriage Prohibition Officers (CMPOs) Appointed under the PCMA to prevent child marriages and investigate cases.
• National Commission for Protection of Child Rights (NCPCR) and State level commissions Statutory bodies tasked with monitoring children's rights and addressing issues like child marriage.

Awareness and Sensitization

• Government Campaigns Media campaigns and awareness programs highlight the illegality of child marriage and its harmful effects.
• Engagement with Community Leaders Efforts to work with religious leaders, local panchayats, and influential community members to change social norms around child marriage.

Challenges & Limitations

• Weak Implementation of Laws Lack of awareness about the laws, fear of backlash, and societal pressure often hinder the effective implementation of the PCMA.
• Patriarchal Mindsets Deeply rooted gender norms that undervalue girls and prioritize early marriage are prevalent, especially in rural areas.
• Poverty and Lack of Opportunity Economic hardship and limited access to education for girls continue to be significant drivers of child marriage.