Monday 28 May 2012

Compulsory marriage registration has been approved by the Cabinet


                 In a significant move, government will bring in a bill in Parliament’s Budget Session for registration of marriages under a law for recording of births and deaths, notwithstanding one’s religious affiliation, thereby providing legal protection especially in the cases of inter-religious matrimony.


                The Union Cabinet also approved introduction of the Anand Marriage Act, 1909 to provide for registration of marriage of Sikhs, fulfilling a long standing demand of the community.

                 The Cabinet approved introduction of the bill in the Budget session to amend the Registration of Births and Deaths Act, 1969 to include registration of marriages as well, according to the honorable Union Minister Kapil Sibal.

                  While marriages of Sikhs along with those of Buddhists and Jains are currently registered under the Hindu Marriage Act, Muslims, Parsis, Christians, and Jews have separate Acts for registration of their marriages. The proposed bill will save the women from unnecessary harassment in matrimonial and maintenance cases. It will also provide evidentiary value in the matters of custody of children both from the wedlock and the age of the person’s marriage.

                  In February 2006, the Supreme Court had directed the states and the central government that registration of marriages of all people who are citizens of India and belonging to various religious denominations should be made compulsory in their respective states where they are solemnized.

                 The 18th Law Commission of India in its 205th report dealing with amendments to the “Prohibition of Child Marriage Act, 2006 and Other Allied Laws” had recommended that the government should make registration of marriages of all communities within a stipulated period of times, and it is mandatory.

                 The Commission had also recommended legislation on compulsory registration of marriages by enacting a “Marriage and Divorce Registration Act” applicable to the whole of India, without any “exceptions or exemptions”.

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