The Assam Legislative Assembly passed the Assam Compulsory Registration of Muslim Marriage and Divorces Bill, 2024.
The Bill mandates the registration of marriages and divorces between Muslims in Assam.
Objectives of the Bill:
Prevent Child Marriages: Aims to curb child marriages by making registration of such marriages illegal.
Ensure Consent: Prevents marriages without the consent of the parties involved.
Check Polygamy: Addresses issues related to polygamy.
Protect Women’s Rights: Enables married women to claim rights to live in matrimonial homes and maintenance.
Changes in Registration Authority:
Responsibility for registering Muslim marriages shifts from qazis (religious officials) to the government.
Marriages solemnized by qazis and the Sharia Act are not being nullified. Only the previous Muslim marriage legislation is repealed.
Economic Compensation for Qazis: Government is considering providing economic compensation to around 90 qazis affected by the shift in registration responsibilities.
Additional Legislative Actions:
Passage of the Assam Repealing Bill, 2024, which abolishes the Assam Moslem Marriages and Divorces Registration Act, 1935.
Government might consider appointing sub-registrars specifically for the registration of Muslim marriages.
The government would keep the registration fees as minimal as one rupee.
Decentralization and Accessibility: The marriage registration system will be decentralized up to the block and gaon panchayat levels.
The government aims to end child marriage practices by 2026. Chief Minister Sarma acknowledged that child marriages also occur among non-Muslim communities, including tea tribes. Noted high incidence of child marriage in South Salmara’s Mankachar and Dhubri districts. CM emphasized that the bill is enacted with a positive intent to protect the future of daughters in the Muslim community and not driven by malicious motives.
ASSAM URBAN WATERBODIES (PRESERVATION & CONSERVATION) ACT, 2024:
Salient Features of the Act
Scope for Flood Management and Mitigation :
The Act emphasizes the preservation, protection, rejuvenation, conservation, regulation, and maintenance of waterbodies within Master Plan areas.
It specifically focuses on utilizing waterbodies for the management and mitigation of urban/artificial flash flooding.
Inclusions in Waterbody:
Natural waterbodies within the Master Plan areas.
All natural inflow and outflow channels.
Private waterbodies with an area of 2 acres or more.
All ponds and tanks belonging to religious institutions.
Exemptions:
Private waterbodies below 2 acres.
Waterbodies located in areas notified as reserved forest, wildlife sanctuary and national park.
Government Fish Farms.
Administrative Structure:
District Level Committee: Chaired by CEO, GMDA for GMDA area and District Collector for Districts with district heads of concerned departments.
Responsibilities include:
Preparing a schedule of waterbodies within 3 months.
Preparing and executing a plan.
Ensuring a no-construction zone (buffer of 15 m and 10 m as per the master plan).
State Level Committees: Chaired by the Minister of DoHUA.
Responsibilities include:
Examining and finalizing the Schedule of Water Bodies.
Taking measures or issuing orders to stop unauthorized development/use/acts.
Approving projects and schemes.
Directing the District Authority for any other actions.
Power of State Government:
The State Government, by notification, can include or enlarge any area of waterbodies within the Master Plan Area, and the schedule shall be amended accordingly.
Regulations:
Notification of Waterbodies:
The schedule of waterbodies approved by the State Level Committee shall be notified under this Bill.
The schedules of Guwahati Waterbodies (Preservation and Conservation) Act, 2008 are annexed with this Bill.
Dissemination of Information on Waterbodies:
The State Government shall maintain a GIS-based public Web Portal for the wide publication and dissemination of waterbody details to enable active community participation and citizen engagement.
Prohibition of Allotment of Land:
The Government shall not allot or initiate any action for allotment of land identified as a waterbody to any person, Government, or Private institutions without prior approval from the State Level Committee.
Prohibition in Use of Land:
No person shall:
Undertake any activities including filling up.
Construct any structure except nature-based solutions. (Exemptions: Water Resource Department)
Dump/throw debris.
Penalties
Offenders are punishable with imprisonment for a term extending up to three years or with a fine that may extend up to one lakh rupees, or both.
Offenders must restore the waterbody to its original status and shape.
Abettors are liable for the same punishment as the main offender.
Offenses under this Act are cognizable and non-bailable.
Budget and Funding:
A separate budget provision shall be made by the State Government for implementing the schemes and projects identified under this Act.
The District Committee may receive:
Grants, donations, and contributions from private entities.
Corporate Social Responsibility (CSR) Funds from private and public sector organizations.
The Guwahati Water Bodies (Preservation and Conservation) Act, 2008 is hereby repealed.
