The Delhi High Court criticized the Centre and Delhi government for not enforcing a 2006 Supreme Court order on mandatory marriage registration, giving them three months to comply and urging legislative action.
New Delhi: The Delhi High Court has strongly criticized the Centre and the Delhi government for failing to implement the Supreme Court’s 2006 directive on the compulsory registration of marriages, irrespective of religion. The court has given the authorities three months to comply with the ruling.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela expressed dismay over the inaction, calling it “pathetic and appalling” that the 2006 apex court order had not yet been implemented.
“This is pathetic actually. It is appalling as to how you are not implementing the order of the Supreme Court,”
the bench remarked.
The high court also issued notice to the Centre and Delhi government on a petition demanding that the Ministry of Home Affairs establish a centralized database for marriage registrations.
In February 2006, the Supreme Court had ruled that all marriages, irrespective of religion, must be compulsorily registered and directed both the Centre and all states to frame and notify relevant rules within three months.
In compliance, the Delhi government introduced the Delhi (Compulsory Registration of Marriage) Order, 2014, on April 21, 2014. However, the petitioner, Aakash Goel, pointed out several deficiencies in the rules and alleged that authorities had been informed but failed to act.
The high court has ordered the Centre and Delhi government to file a status report by July 9. The bench emphasized that executive orders were insufficient and that a formal enactment was necessary as per the Supreme Court’s directive.
“There has to be an enactment as per the directions of the Supreme Court… You have to respond to the needs of people and frame rules for smooth registration of marriage. That’s the need of the hour. These are not the things which should come to the court,”
the bench stated.
The plea has also requested that:
- The Ministry of Home Affairs establish a centralized database for marriage registrations to prevent fraud and duplicate registrations across states.
- The Centre should maintain and make the centralized database accessible for citizens.
- The Delhi Compulsory Registration of Marriages Order, 2014, be modified to allow online registration of marriages with virtual appearances for couples and witnesses.
The court has granted three months for compliance, warning that further inaction would be unacceptable.
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