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Marriage Registration To Be Compulsory For All Citizens: SC
The Supreme Court ruling making the registration of marriage mandatory shall apply to all citizens of India irrespective of their religion meaning thereby that the direction shall cover the Muslims and Christians also.
A bench comprising Mr Justice Arijit Pasayat and Mr Justice S H Kapadia had yesterday directed the Centre, states and all union territories to complete the process of amending the rules within three months for making the registration of marriage compulsory.
The court in its 14-page judgement has observed, "If the record of marriage is kept, to a large extent, the dispute concerning solemnisation of marriage between the two persons is avoided. As rightly contended by the National Commission in most cases non-registration of marriages affects the women to a great measure.
If their marriage is registered it also provides evidence of the marriage having taken place and would provide a rebuttable presumption of the marriage having taken place.
Though, the registration itself cannot be the determinative factor regarding the validity of a marriage, yet it has a great evidentiary value in the matters of custody of children, rights of children born from the wedlock of the two persons whose marriage is registered and the age of parties to the marriage. That being so it would be in the interest of the society if marriages are made compulsorily registerable. The legislative intent in enacting section 8 of the Hindu Act is apparent from the use of expression-for the purpose of facilitating the proof of Hindu Marriages."
The court also took note of the stand taken by all the states and union territories indicating that registration of marriages is highly desirable. "It has been pointed out that compulsory registration of marriage would be a step in the right direction for the prevention of child marriage still prevalent in many parts of the country," the court observed.
The convention on the Elimination of All Forms of Discrimination Against Women (in short CEDAW) adopted in 1979 by the United Nations General Assembly to which India was also a signatory was ratified on July 9, 1993. The convention has recorded though India agreed on principle that compulsory registration of marriages was highly desirable, it was said as follows," It is not practical in vast country like India with its variety of customs, religion, and level of literacy and has expressed reservation to this very clause to make registration of marriage compulsory." While hearing a transfer petition filed by one Seema, the court noted with concern that in a large number of cases some unscrupulous persons are denying the existence of marriage taking advantage of the situation that in most of the states there is no official record of the marriage.
In five states - Assam, Bihar, West Bengal, Orissa and Meghalaya - provisions have been made for voluntary registration of Muslim marriages. Under the Special Marriage Act,1954, which applies to Indian citizens irrespective of religion, each marriage is registered by the Marriage Officer specially appointed for the purpose. The Act, however, makes it clear that validity of the marriage shall be in no way effected by omission to make the entry in the register.The Foreign Marriage Act,1969, also provides for registration of marriages. The National Commission for Women in its affidavit has detailed the benefits of registration of marriages which are as follow;- a) prevention of child marriages and to ensure minimum age of marriage.
b) check illegal bigamy/polygamy.
c)prevention of marriages without the consent of the parties.
d) enabling married women to claim their right to live in matrimonial house, maintenance etc.
e) Enabling widows to claim their inheritance rights and other benefits and privileges which they are entitled to after the death of their husband.
f) Deterring men from deserting women after marriage.
g) Deterring parents/guardians from selling daughters/young girls to any person including a foreigner under the garb of marriage.
At present the registration of marriage is compulsory only in the states of Maharashtra, Gujarat, Karnataka, Himachal Pradesh and Andhra Pradesh while in the rest of the country it is not mandatory.
"Accordingly, We are of the view that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registerable in their respective states, where the marriage is solemnised," the court concluded.
Directing the registry to handover a copy of the order to the ld.
Solicitor General for necessary follow up action, the court has ruled that public objections invited through advertisements shall be disposed off within one month from the date of advertiserment.
The court also directed vide its judgment dated Feb.14 that the consequence of non registration of marriages or for filing false declaration shall also be provided for in the said Rules. "As and when the Central government enacts a comprehensive statute, the same shall be placed before this court for scrutiny. The counsel for various states and union territories shall ensure that the directions given herein are carried out immediately." The court finally recorded its appreciation of the assistance given by the Solicitor General G E Vahanvati and amicus curi senior counsel Ranjeet Kumar.
Hailing the Supreme Court's directive to make marriage registration mandatory, Haryana Tourism Minister Kiran Chaudhary today said it would help protect the rights of women.
The directive would prove a milestone in protecting the rights of women, who were adversely affected without such registrations, Ms Chaudhary said in a statement here.
The decision would also curb child marriages and dowry system.
It would also result in lesser marital disputes, she added.
She expressed the hope that the Hooda government in Haryana would take a lead in this regard.
A bench comprising Mr Justice Arijit Pasayat and Mr Justice S H Kapadia had yesterday directed the Centre, states and all union territories to complete the process of amending the rules within three months for making the registration of marriage compulsory.
The court in its 14-page judgement has observed, "If the record of marriage is kept, to a large extent, the dispute concerning solemnisation of marriage between the two persons is avoided. As rightly contended by the National Commission in most cases non-registration of marriages affects the women to a great measure.
If their marriage is registered it also provides evidence of the marriage having taken place and would provide a rebuttable presumption of the marriage having taken place.
Though, the registration itself cannot be the determinative factor regarding the validity of a marriage, yet it has a great evidentiary value in the matters of custody of children, rights of children born from the wedlock of the two persons whose marriage is registered and the age of parties to the marriage. That being so it would be in the interest of the society if marriages are made compulsorily registerable. The legislative intent in enacting section 8 of the Hindu Act is apparent from the use of expression-for the purpose of facilitating the proof of Hindu Marriages."
The court also took note of the stand taken by all the states and union territories indicating that registration of marriages is highly desirable. "It has been pointed out that compulsory registration of marriage would be a step in the right direction for the prevention of child marriage still prevalent in many parts of the country," the court observed.
The convention on the Elimination of All Forms of Discrimination Against Women (in short CEDAW) adopted in 1979 by the United Nations General Assembly to which India was also a signatory was ratified on July 9, 1993. The convention has recorded though India agreed on principle that compulsory registration of marriages was highly desirable, it was said as follows," It is not practical in vast country like India with its variety of customs, religion, and level of literacy and has expressed reservation to this very clause to make registration of marriage compulsory." While hearing a transfer petition filed by one Seema, the court noted with concern that in a large number of cases some unscrupulous persons are denying the existence of marriage taking advantage of the situation that in most of the states there is no official record of the marriage.
In five states - Assam, Bihar, West Bengal, Orissa and Meghalaya - provisions have been made for voluntary registration of Muslim marriages. Under the Special Marriage Act,1954, which applies to Indian citizens irrespective of religion, each marriage is registered by the Marriage Officer specially appointed for the purpose. The Act, however, makes it clear that validity of the marriage shall be in no way effected by omission to make the entry in the register.The Foreign Marriage Act,1969, also provides for registration of marriages. The National Commission for Women in its affidavit has detailed the benefits of registration of marriages which are as follow;- a) prevention of child marriages and to ensure minimum age of marriage.
b) check illegal bigamy/polygamy.
c)prevention of marriages without the consent of the parties.
d) enabling married women to claim their right to live in matrimonial house, maintenance etc.
e) Enabling widows to claim their inheritance rights and other benefits and privileges which they are entitled to after the death of their husband.
f) Deterring men from deserting women after marriage.
g) Deterring parents/guardians from selling daughters/young girls to any person including a foreigner under the garb of marriage.
At present the registration of marriage is compulsory only in the states of Maharashtra, Gujarat, Karnataka, Himachal Pradesh and Andhra Pradesh while in the rest of the country it is not mandatory.
"Accordingly, We are of the view that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registerable in their respective states, where the marriage is solemnised," the court concluded.
Directing the registry to handover a copy of the order to the ld.
Solicitor General for necessary follow up action, the court has ruled that public objections invited through advertisements shall be disposed off within one month from the date of advertiserment.
The court also directed vide its judgment dated Feb.14 that the consequence of non registration of marriages or for filing false declaration shall also be provided for in the said Rules. "As and when the Central government enacts a comprehensive statute, the same shall be placed before this court for scrutiny. The counsel for various states and union territories shall ensure that the directions given herein are carried out immediately." The court finally recorded its appreciation of the assistance given by the Solicitor General G E Vahanvati and amicus curi senior counsel Ranjeet Kumar.
Hailing the Supreme Court's directive to make marriage registration mandatory, Haryana Tourism Minister Kiran Chaudhary today said it would help protect the rights of women.
The directive would prove a milestone in protecting the rights of women, who were adversely affected without such registrations, Ms Chaudhary said in a statement here.
The decision would also curb child marriages and dowry system.
It would also result in lesser marital disputes, she added.
She expressed the hope that the Hooda government in Haryana would take a lead in this regard.
Implementation of the Uniform Civil Code is good for india??
For Marriage registration why some religious groups are against?
Marriage registration is good/bad?? why?
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