SC directs states, UTs to frame rules for registration of Sikh marriages

New Delhi [India], September 18 (ANI): The Supreme Court recently ordered all States and Union Territories to frame and notify rules for the registration of Sikh marriages solemnised by the Sikh rite ‘Anand Karaj’, under the Anand Marriage Act, 1909, within four months.

A bench of Justices Vikram Nath and Sandeep Mehta directed the States (and UTs) that are yet to frame such rules to ensure that marriages solemnised by ‘Anand Karaj’ are received for registration with immediate effect under the prevailing marriage registration framework without discrimination.

The Court also directed the Centre to act as the coordinating authority and circulate a compilation of model rules to any State or UT that seeks guidance in this regard.

While issuing directions, the apex court also observed that to maintain the secular framework that respects religious identity and ensures civic equality, the law must provide a neutral route for Anand Karaj marriages to be certified and treated at par with other marriages.

“When the law recognises Anand Karaj as a valid form of marriage yet leaves no machinery to register it, the promise is only half kept. What remains is to ensure that the route from rites to record is open, uniform and fair”, the Court noted.

The apex court also noted in its order that by the 2012 amendment, the Parliament inserted Section 6 of the Act, which casts a duty upon the state to make rules to facilitate registration of such marriages, to maintain a Marriage Register and to provide certified extracts, while clarifying that omission to register would not affect the validity of an Anand Karaj marriage.

The Court’s ruling came on a plea that sought directions to States and Union Territories to frame and notify rules under Section 6 of the Anand Marriage Act, 1909 (as amended in 2012), to facilitate registration of marriages solemnised by Anand Karaj.

The plea stated that while several States and UTs have notified the said rules, many others have yet to do so. This, the plea argued, is resulting in uneven access to a uniform statutory facility intended by the 2012 amendment.

After considering the submissions raised in the plea, the apex court issued the aforesaid directions and disposed of the plea. The Court has also directed the States to file a compliance report within the timelines prescribed in the directions. Further, it has directed the Centre to file a consolidated status report in this regard within six months. (ANI)

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