The Karnataka High Court Today (Oct 16) issued notice to the State government on a Public Interest Litigation (PIL) challenging a government order (GO) that authorises district Wakf boards to issue marriage certificates to married Muslim couples. Court directed the State to file its reply to the petition filed by one Alam Pasha by November 12. The petitioner told the Court that the Wakf Act, 1995, did not confer any statutory powers on Wakf boards to issue marriage certificates and, therefore, the State’s order issued in August last year was illegal.
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BENGALURU: The Karnataka High Court, on Wednesday, issued a notice to the State government in response to a Public Interest Litigation (PIL) that challenges a government order (GO) authorizing district Wakf boards to issue marriage certificates to Muslim couples.
This directive came from a Bench comprising Chief Justice NV Anjaria and Justice KV Aravind, who asked the State to submit its reply by November 12.
The PIL was filed by Alam Pasha, who argued that the Wakf Act, 1995, does not grant any statutory authority to Wakf boards to issue marriage certificates. Pasha contended that the government order, which was issued in August of the previous year, was illegal and beyond the scope of the Wakf board’s powers.
The Bench, during the hearing, remarked orally,
“Wakf board has no function to issue marriage certificates,”
-emphasizing the lack of legal basis for such authority.
The government order under challenge, issued by the Under Secretary Minority, Wakf, and Haj Department of Karnataka, had authorized district Wakf boards to issue marriage certificates to married Muslim applicants.
This directive allowed the boards to take on a function that, according to the petitioner, they were not legally equipped to handle under the Wakf Act.
It is worth noting that the Karnataka High Court had previously ruled in 2011 that Wakf boards do not have the authority to issue marriage certificates. Despite this, the State’s recent order seemed to revive the practice, prompting the legal challenge from Pasha.
As the case proceeds, the court’s scrutiny will focus on whether the State government’s order aligns with existing legal frameworks or whether it oversteps the jurisdiction of the Wakf boards under the Wakf Act, 1995.
The outcome could have significant implications for the legal authority of Wakf boards and their role in personal law matters concerning the Muslim community in Karnataka.
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